AGBs

(AGBH 2006)
Version dated 15.11.2006

Table of Contents

§ 1 Scope
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 4 Start and End of Accommodation
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
§ 6 Provision of Replacement Accommodation
§ 7 Rights of the Contracting Party
§ 8 Duties of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Duties of the Accommodation Provider
§ 11 Liability of the Accommodation Provider for Brought-in Items
§ 12 Limitation of Liability
§ 13 Pet Policy
§ 14 Extension of Accommodation
§ 15 Termination of the Accommodation Contract – Early Termination
§ 16 Illness or Death of the Guest
§ 17 Place of Performance, Jurisdiction, and Choice of Law
§ 18 Miscellaneous

§ 1 Scope

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter "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 individually concluded agreements.

§ 2 Definitions

2.1 Definitions:

"Accommodation Provider": A natural or legal person who provides lodging to guests for a fee.

"Guest": A natural person who makes use of accommodation services. The guest is usually also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests.

"Contracting Party": A natural or legal person from domestic or foreign locations who concludes an accommodation contract as a guest or on behalf of a guest.

"Consumer" and "Entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act 1979, as amended.

"Accommodation Contract": The contract concluded between the accommodation provider and the contracting party, the content of which is further regulated below.

§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded when the provider accepts the order of the contracting party. Electronic declarations are deemed received if the recipient can access them under normal circumstances and during the provider's announced business hours.

3.2 The provider may conclude the contract on the condition that the contracting party pays a deposit. In this case, the provider must inform the contracting party of the required deposit before accepting the written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the contract is concluded when the provider receives the contracting party’s consent to the deposit payment.

3.3 The contracting party is obliged to pay the deposit at least 7 days before the accommodation date. The costs of the financial transaction (e.g., bank transfer fees) are borne by the contracting party. Credit and debit card payments are subject to the respective card company conditions.

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 provider offers another check-in time, to occupy the rented rooms from 4:00 p.m. on the agreed day ("arrival day").

4.2 If a room is first used before 6:00 a.m., the previous night counts as the first night of accommodation.

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

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the Provider

5.1 If the contract requires a deposit and the contracting party does not pay it on time, the provider may withdraw from the contract without further notice.

5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival day, the provider is not obliged to accommodate, unless a later arrival time was agreed.

5.3 If the contracting party has paid a deposit, the rooms remain reserved until 12:00 p.m. the following day. For prepayments exceeding four days, the accommodation obligation ends at 6:00 p.m. on the fourth day, counting the arrival day as the first day, unless the guest indicates a later arrival day.

5.4 The provider may terminate the contract unilaterally for objectively justified reasons no later than 3 months before the agreed arrival date, unless otherwise agreed.

Withdrawal by the Contracting Party – Cancellation Fee

5.5 Up to 3 months before the agreed arrival date, the contracting party may cancel the contract without a cancellation fee.

5.6 Outside this period, withdrawal by the contracting party is only possible subject to the following cancellation fees:

• Up to 1 month before arrival: 40% of the total arrangement price
• Up to 1 week before arrival: 70% of the total arrangement price
• In the last week before arrival: 90% of the total arrangement price

Obstacles to Arrival

5.7 If the contracting party cannot arrive due to unforeseen extraordinary circumstances (e.g., heavy snowfall, flooding, etc.) making all means of travel impossible, they are not obliged to pay for the affected days.

5.8 The payment obligation resumes once travel becomes possible again within three days.

§ 6 Provision of Replacement Accommodation

6.1 Any additional costs for replacement accommodation are borne by the provider.

§ 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, facilities of the accommodation establishment typically accessible to guests without special conditions, and customary services. Rights must be exercised in accordance with applicable hotel or guest regulations (house rules).

§ 8 Duties of the Contracting Party

8.1 The contracting party must pay the agreed fee, plus any additional charges incurred due to extra services for themselves or accompanying guests, plus statutory VAT, by the time of departure.

8.2 The provider is not obliged to accept foreign currencies. If accepted, they are converted to the local currency at the daily rate. The contracting party bears all related costs.

8.3 The contracting party is liable for any damage caused by themselves, the guest, or other persons using the provider’s services with the contracting party’s knowledge or consent.

§ 9 Rights of the Accommodation Provider

9.1 If the contracting party refuses to pay or is in arrears, the provider has a statutory right of retention and lien on items brought by the contracting party or guest, securing claims from the accommodation contract, including meals, other expenses, and any potential claims.

9.2 If services are requested in-room or outside normal hours (after 8:00 p.m. and before 6:00 a.m.), the provider may charge a special fee, which must be displayed on the room rate list. Services may be declined for operational reasons.

9.3 The provider may invoice or issue interim invoices at any time.

§ 10 Duties of the Accommodation Provider

10.1 The provider must render agreed services according to the standard of the establishment.

10.2 Additional chargeable services not included in the accommodation fee include, for example:

• Services such as the provision of lounges, sauna, indoor swimming pool, solarium, parking, etc.
• Provision of extra or children’s beds at a reduced rate

§ 11 Liability of the Accommodation Provider for Brought-in Items

11.1 Liability applies under §§ 970 ff ABGB only if items are handed to the provider or their authorized staff or placed at a designated location. If proof is not provided, liability is limited to the provider’s own fault or that of their staff. Maximum liability is limited to the amount set in the Federal Law of 16 November 1921 on liability of innkeepers and other entrepreneurs.

11.2 For valuables, money, and securities, liability is limited to €550 unless knowingly accepted for safekeeping or damaged through the provider’s fault.

11.3 The provider may refuse to store items of significantly higher value than normally entrusted by guests.

§ 12 Limitation of Liability

12.1 If the contracting party is an entrepreneur, liability for slight or gross negligence is excluded. The contracting party bears the burden of proof. Consequential, immaterial, or indirect damages and lost profits are not compensated.

§ 13 Pet Policy

13.1 Pets may only be brought with prior consent and possibly for a fee.

13.2 The contracting party must supervise pets or arrange third-party supervision at their expense.

13.3 Proof of appropriate pet liability insurance or private liability covering pet-caused damages must be provided upon request.

13.4 The contracting party or their insurer is jointly liable for damages caused by pets, including compensation obligations to third parties.

13.5 Pets are not allowed in lounges, restaurants, or wellness areas.

§ 14 Extension of Accommodation

14.1 There is no entitlement to extend a stay. The provider may agree to extensions at their discretion.

14.2 If departure is impossible due to extraordinary circumstances (e.g., severe weather), the contract is automatically extended until departure is possible, with payment at least corresponding to the usual off-season rate.

§ 15 Termination of the Accommodation Contract – Early Termination

15.1 Fixed-term contracts end automatically at the expiry date.

15.2 Death of a guest terminates the contract.

15.3 For open-ended contracts, parties may terminate the contract up to 10:00 a.m. three days before the intended end date.

15.4 The provider may terminate immediately for cause, including misuse of rooms, disruptive behavior, infectious illness, or non-payment within a reasonable period (3 days).

15.5 Force majeure events (e.g., natural disasters, strikes, official orders) allow the provider to terminate without notice. Claims by the contracting party are excluded.

§ 16 Illness or Death of the Guest

16.1 If a guest falls ill, the provider arranges medical care upon request, or immediately if urgent and the guest cannot act.

16.2 If the guest cannot make decisions and relatives cannot be contacted, the provider arranges medical care at the guest’s expense until decisions can be made.

16.3 The provider may claim reimbursement for:

• a) medical costs, transport, medication, and remedies
• b) necessary room disinfection
• c) unusable laundry, bedding, and furnishings; otherwise cleaning costs
• d) restoration of walls, furniture, carpets, etc.
• e) room rental for unusable days
• f) other damages incurred

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

17.1 Place of performance: location of the accommodation provider.

17.2 Austrian law applies, excluding international private law rules (IPRG, EVÜ) and UN Sales Law.

17.3 Exclusive jurisdiction for business contracts: provider’s registered office. Provider may sue at any competent court.

17.4 Consumer contracts in Austria: lawsuits may be filed at the consumer’s residence, habitual residence, or workplace.

17.5 Consumer contracts in EU/EEA/Switzerland (excluding Austria): lawsuits only at the consumer’s local court.

§ 18 Miscellaneous

18.1 Time limits start upon delivery of the notice to the contracting party. Days, weeks, or months are calculated as specified.

18.2 Declarations are deemed received at 24:00 on the last day of the period.

18.3 The provider may offset claims with their own claims; the contracting party may only offset under specified conditions.

18.4 In case of gaps, statutory provisions apply.