GTCs

§ 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 General Terms and Conditio 2006 do not exclude special agreements. The General Terms and Conditio 2006 are subsidiary to individual agreements.

§ 2 Definitions of terms

2.1 Definitions of terms:

„Accommodation provider“:
Is a natural or legal person who accommodates guests for a fee.

„Guest“:
Is a natural person who makes use of accommodation. The guest
is usually also the contractual partner.
Guests are also deemed to be those persons
who arrive with the contracting party
(e.g. family members, friends, etc.).

„Contractual partner“:
Is a natural or legal person
domestic or foreign, who as a
guest or for a guest who concludes an accommodation
concludes an accommodation contract.

„Consumer“ and
„Entrepreneur“:
The terms are to be understood in the sense of the Consumer Protection Act
1979 as amended.

„Accommodation contract“:
If the contract concluded between the accommodation provider and
concluded between the
contract, the content of which is subsequently
is regulated in more detail below.

2§ 3 Conclusion of contract – down payment

3.1  The accommodation contract shall come into effect upon acceptance of the contracting party’s order
by the accommodation provider. Electronic declarations shall be deemed
shall be deemed received if the party for whom they are intended can retrieve them under normal
circumstances, and the receipt takes place during the published business hours of the
of the Proprietor.

3.2  The Proprietor shall be entitled to conclude the Accommodation Agreement under the condition
that the contracting party makes a down payment. In this case
the Proprietor shall be obliged, prior to accepting the written or oral
order of the Party, the Proprietor shall inform the Party of the required down payment.
required. If the Party agrees to the down payment (in writing or orally), the
or verbally), the accommodation contract shall be deemed concluded upon receipt of the
the receipt of the declaration of consent to the payment of the down payment by the
with the accommodation provider.

3.3  The contractual partner is obliged to pay the deposit at the latest 7 days (incoming)
prior to the accommodation. The costs for the monetary 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.

3.4  The down payment is a partial payment of the agreed fee.

§ 4  Start and end of accommodation

4.1  The Party shall have the right, unless the Proprietor offers a different time of occupancy
the rented rooms from 11.00 a.m. on the agreed day (“day of arrival”).
to move in.

4.2  The rented rooms must be vacated by the contractual partner by 11.00 a.m. on the day of departure.
11.00 a.m. on the day of departure or a surcharge of 50 euros will be agreed verbally for a later check-out until 5 p.m., thus extending the duration of the stay. After 5 p.m. an additional day will be charged.

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 made a down payment (see 3.3), the rooms shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In the case of advance payments of more than four days, 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 announces a later day of arrival.

5.4  Cancellation free of charge up to 7 days before arrival. Cancellations within 7 days prior to arrival 30% cancellation fee.

§ 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 customarily accessible to guests for use without 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 fee upon arrival or at the latest at the time of departure
agreed fee plus any additional amounts incurred due to the separate use of services by him
services used by him and/or the guests accompanying him, plus statutory value added tax.
plus statutory value added tax.

8.2  The accommodation provider is not obliged to accept foreign currencies. If the
the Proprietor accepts foreign currencies, these shall be accepted in payment at the
taken in payment. If the Proprietor accepts foreign currencies or
cashless means of payment, the Party shall bear all associated costs
associated 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, with the knowledge or will of the contracting party
services of the Proprietor.

§ 9  Rights of the accommodation provider

9.1  If the Party refuses to pay the agreed remuneration or is in arrears with it
is in arrears, the accommodation provider shall be entitled to the statutory right of retention
pursuant to § 970c ABGB and the statutory right of lien pursuant to § 1101
ABGB on the items brought in by the Party or the Guest.
This right of retention or lien shall furthermore be available to the Proprietor to secure
its claim arising from 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  The fee for the final cleaning will be charged separately and shown on the invoice. If the contractual partner wishes cleaning during the stay, this is possible, always at the full price of a final cleaning.

9.3  The Proprietor shall have the right to invoice or interim invoice its services at any time.
of his service at any time.

§ 10  Obligations of the accommodation provider

10.1  The accommodation provider is obliged to provide the agreed services to a
services in accordance with its standard.

10.2  Special services of the accommodation provider that are not included in the accommodation fee
are included in the accommodation charge:
a) Special accommodation services that may be charged separately, such as the provision of lounges
separately, such as the provision of lounges, sauna, indoor swimming pool
swimming pool, solarium, garage, etc;
b) for the provision of extra beds or children’s beds, a reduced price is charged.
price will be charged.

§  11 Liability of the accommodation provider for damage to items brought in

11.1  The Proprietor shall be liable pursuant to §§ 970 ff ABGB for the items brought in by the
property. The Proprietor shall only be liable if
the items are handed over to the Proprietor or to persons authorized by the Proprietor
or brought to a place instructed or designated by them for this purpose.
designated for this purpose. If the Proprietor is unable to prove this, the Proprietor shall be liable
shall be liable for his own fault or the fault of his employees and the persons
outgoing and incoming persons. The accommodation provider shall be liable pursuant to § 970 para. 1
ABGB at most up to the amount specified in the Federal Law of November 16, 1921 on the
liability of innkeepers and other entrepreneurs as amended from time to time.
as amended. If the contracting party or the guest fails to comply with the
of the accommodation provider to deposit their belongings in a special place of safekeeping
immediately, 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 accommodation provider. Any fault
of the contractual partner or guest shall be taken into account.

11.2  The accommodation provider shall not be liable for slight negligence. If
the contracting party is an entrepreneur, liability is also excluded for gross negligence.
is also excluded. In this case, the contractual partner shall bear the burden of proof
for the existence of fault. Consequential damage or indirect damage as well as
lost profits shall not be compensated under any circumstances.

11.3  The accommodation provider is only liable for valuables, money and securities up to the amount
currently € 550. The Proprietor shall only be liable for any damage exceeding this
damage only in the event that he has accepted these items for safekeeping with knowledge of their
the nature of the items or in the event that the damage was caused by the
the damage was caused by him or one of his employees. The limitation of liability
pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4  The accommodation provider may refuse the safekeeping of valuables, money and securities
if the items in question are significantly more valuable than those usually
guests of the accommodation establishment in question usually leave in safekeeping.

11.5  Liability is excluded in all cases of assumed storage,
if the contracting party and/or guest does not notify the accommodation provider
does not notify the accommodation provider immediately. Furthermore, these claims shall be
three years from the date of knowledge or possible knowledge by the contractual partner
or guest; otherwise the right shall lapse.

§ 12  Limitations of liability

12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence
slight negligence, with the exception of personal injury, is excluded.

12.2  

If the contractual partner is an entrepreneur, the liability of the accommodation provider for
slight and gross negligence shall be excluded. In this case, the contractual partner shall bear
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
shall not be compensated. The damage to be compensated shall in any case be limited to the
amount of the reliance interest.

§ 14 Extension of the accommodation

14.1  The contractual partner has no right to have his stay extended.
be extended. If the contractual partner announces his wish to extend the stay
the accommodation provider may agree to the extension of the accommodation contract.
agree to the extension. The Proprietor shall be under no obligation to do so.

14.2  If the Party is unable to leave the accommodating establishment on the day of departure
because, due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.)
unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) all departure
the accommodation contract shall be automatically extended for the duration of the impossibility of departure.
of departure is automatically extended. A reduction of the fee for this
time shall only be possible if the contracting party accepts the services offered by the
services offered by the accommodation provider as a result of the exceptional weather conditions.
cannot use them in full due to the exceptional weather conditions. The accommodation provider is entitled
request at least the fee that corresponds to the price usually charged in the low season.
charged in the low season.

§ 15  Termination of the accommodation contract – early termination

15.1  If the accommodation contract was concluded for a specific period of time, 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 Proprietor shall deduct what it has
saved as a result of the non-utilization of the services offered or
what he has received by renting the booked rooms to other parties. A
savings shall only be deemed to exist if the accommodation provider at the time of the
the time of non-utilization of the rooms booked by the guest is fully booked
and the room can be rented out to further guests due to the cancellation of the contracting party.
can be rented to further guests. The burden of proof of the savings shall be borne by the
contractual partner.

15.3  The death of a guest terminates the contract with the accommodation provider.

15.4  If the accommodation contract was concluded for an indefinite period of time, the contracting parties may
contract until 10.00 a.m. on the third day before the intended end of the contract.
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 contracting party or the guest
the guest
a) makes significantly detrimental use of the premises or
through his inconsiderate, offensive or otherwise grossly improper behavior
the other guests, the owner, the owner’s staff or the third parties living in the
or third parties staying in the accommodation establishment
or commits an offense punishable by law against these persons
against property, morality or physical safety; or
is guilty of such an offense;
b) is infected by a contagious disease or a disease that lasts longer than the period of accommodation
accommodation or otherwise becomes in need of care;
c) fails to pay the invoices submitted when they fall due within a reasonable
(3 days).

15.6  If the fulfillment of the contract is prevented by an event to be regarded as force majeure
(e.g. natural disasters, strike, lockout, official orders, etc.)
impossible, the Proprietor may terminate the Accommodation Agreement at any time without
notice period, unless the contract is already deemed terminated by law, or
the law, or the Proprietor is released from its obligation to provide accommodation.
is released from his obligation to provide accommodation. Any claims for damages etc. by the contracting party shall be excluded.
are excluded.

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§ 16  Illness or death of the guest

16.1  If a guest falls ill during his or her stay at the accommodation establishment, the
the accommodation provider shall provide medical care at the guest’s request. If danger
in delay, the accommodation provider shall arrange for medical care even without the
request of the guest, in particular if this is necessary and the guest
is necessary and the guest is unable to do so himself.

16.2  The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death
against their legal successors in particular for the following costs:
a) outstanding medical expenses, costs for ambulance transportation, 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,
etc., insofar as these have been contaminated or damaged in connection with the illness
or damaged in connection with the illness or death,
e) room rental, insofar as the room was occupied by the guest
plus any days during which the rooms were unusable due to disinfection
disinfection, evacuation or similar,
f) any other damage incurred by the accommodation provider.

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§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance is the place where the accommodation establishment is located.

17.2 This contract shall be governed by Austrian formal and substantive law to the
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
of the accommodation provider, whereby the accommodation provider is also entitled to assert his rights
rights at any other court with local and subject-matter jurisdiction.
competent court.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer
and has his domicile or habitual residence in Austria,
consumer may only be brought against the consumer at the consumer’s place of residence, habitual
residence or place of employment of the consumer.
can be brought.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer
and is resident in a member state of the European Union (with the exception of Austria), Iceland
Austria), Iceland, Norway or Switzerland, the competent court for the
the consumer’s place of residence shall have exclusive local and subject-matter jurisdiction for actions
competent court for actions against the consumer.

§ 18 Miscellaneous

18.1  Unless the above provisions provide otherwise, the period shall commence
of a time limit begins with the delivery of the document ordering the time limit to the contracting parties,
which must observe the time limit. When calculating a time limit which is
days, the day in which the point in time or the event falls after which the
or the event on which the start of the period is to be based is not included.
Time limits determined by weeks or months refer to the day of the week or
of the week or month which, by its name or number, corresponds to the day
day from which the time limit is to be counted. If this day is missing in the
month, the last day of that month shall be 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 offset claims of the Party against its own claims.
own claims. The Party shall not be entitled to set off its own
claims against claims of the accommodation provider, unless
the accommodation provider is insolvent or the contractual partner’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.