Terms and Conditions
AGBH 2006
Table of contents
§ 1 – Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB (Austrian Hotel Contract Conditions) version of September 23, 1981.
1.2 The AGBH 2006 does not exclude special agreements. The AGBH 2006 are subsidiary to individually made agreements.
§ 2 – Definitions
2.1 Definitions:
Host: A natural or legal person who provides accommodation to guests for a fee.
Guest: A natural person who uses accommodation services. The guest is typically also the contracting party. Family members, friends, etc., traveling with the contracting party are also considered guests.
Contracting Party: A natural or legal person from Austria or abroad who enters into an accommodation contract as a guest or on behalf of a guest.
Consumer and Entrepreneur: These terms are understood as defined by the Consumer Protection Act 1979 in the current version.
Accommodation Contract: The contract concluded between the host and the contracting party, the content of which is further regulated below.
Host: A natural or legal person who provides accommodation to guests for a fee.
Guest: A natural person who uses accommodation services. The guest is typically also the contracting party. Family members, friends, etc., traveling with the contracting party are also considered guests.
Contracting Party: A natural or legal person from Austria or abroad who enters into an accommodation contract as a guest or on behalf of a guest.
Consumer and Entrepreneur: These terms are understood as defined by the Consumer Protection Act 1979 in the current version.
Accommodation Contract: The contract concluded between the host 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 host accepts the order of the contracting party. Electronic statements are considered received when the party for whom they are intended can access them under normal circumstances, and access occurs during the host’s regular 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 obligated to inform the contracting party of the required deposit before accepting the written or oral order. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract is concluded upon receipt of the contracting party’s consent to pay the deposit to the host.
3.3 The contracting party is obligated to pay the deposit no later than 7 days before the accommodation. The costs of the money transaction (e.g., transfer fees) are borne by the contracting party. The respective conditions of the credit and debit card companies apply.
3.4 The deposit is a partial payment of the agreed-upon fee.
§ 4 – Commencement and End of Accommodation
4.1 The contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed-upon day (“arrival day”) if the host does not offer a different check-in time.
4.2 If a room is first occupied before 6:00 AM, the previous night counts as the first night.
4.3 The rented rooms must be vacated by the contracting party on the day of departure by 12:00 PM. The host is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 – Cancellation of the Accommodation Contract – Cancellation Fee
Cancellation by the Host
5.1 If the accommodation contract requires a deposit, and the deposit is not paid by the contracting party in a timely manner, the host can cancel the accommodation contract without further notice.
5.2 If the guest does not arrive by 6:00 PM on the agreed-upon day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed upon.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms will be reserved until 12:00 PM on the day following the agreed-upon arrival date. For prepayment of more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest specifies a later arrival day.
5.4 The accommodation contract can be unilaterally terminated by the host up to 3 months before the agreed-upon arrival date for valid reasons, unless otherwise agreed, and the contracting party will be notified in writing.
Cancellation by the Contracting Party – Cancellation Fee
5.5 The contracting party can cancel the accommodation contract without paying a cancellation fee up to 3 months before the agreed-upon arrival date.
5.6 Outside the period specified in § 5.5, the contracting party can cancel the contract by paying the following cancellation fees:
- Up to 1 month before the arrival date: 40% of the total package price;
- Up to 1 week before the arrival date: 70% of the total package price;
- In the last week before the arrival date: 90% of the total package price.
Travel Disruptions
5.7 If the contracting party is unable to arrive at the accommodation establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that make all forms of arrival impossible, the contracting party is not obligated to pay the agreed-upon fee for the days of arrival.
5.8 The obligation to pay for the booked stay is reinstated once it becomes possible to arrive within three days.
§ 6 – Provision of Substitute Accommodation
6.1 The host can provide the contracting party or guests with adequate substitute accommodation of the same quality if it is reasonable to do so, especially if the deviation is minor and justified for operational reasons.
6.2 A justifiable reason includes when the room(s) become(s) unusable, guests already checked in extend their stay, overbooking occurs, or other significant operational measures necessitate the change.
6.3 Any additional expenses for substitute accommodation are borne by the host.
§ 7 – Rights of the Contracting Party
7.1 By entering into an accommodation contract, the contracting party acquires the right to use the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests without special conditions, and standard services. The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 – Duties of the Contracting Party
8.1 The contracting party is obligated to pay the agreed-upon fee plus any additional charges incurred due to their use of services or those used by accompanying guests, plus applicable taxes, no later than upon departure.
8.2 The host is not obligated to accept foreign currencies. If the host does accept foreign currencies, they will be accepted at the current exchange rate. If the host accepts foreign currencies or cashless payment methods, the contracting party is responsible for all associated costs, such as inquiries to credit card companies, telegrams, etc.
8.3 The contracting party is liable to the host for any damage caused by the contracting party, guests, or other individuals receiving services from the host with the knowledge or consent of the contracting party.
§ 9 – Rights of the Host
9.1 If the contracting party refuses to pay the agreed-upon fee or is in arrears, the host has the legal right of retention according to § 970c of the Austrian Civil Code (ABGB) and the legal right of lien according to § 1101 ABGB on the items brought into the accommodation establishment by the contracting party or the guest. This right of retention or lien also serves to secure the host’s claims from the accommodation contract, especially for food, other expenses incurred for the contracting party, and any other claims of any kind.
9.2 If services are 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. This special fee must be indicated on the room price list. The host may also refuse such services for operational reasons.
9.3 The host has the right to request appropriate advance payment or a security deposit upon conclusion of the contract. The amount of the advance payment and payment dates can be agreed upon in writing in the accommodation contract. The host is also entitled to request an appropriate advance payment or security deposit from the contracting party at any time during their stay.
§ 10 – Withdrawal of the Host from the Accommodation Contract
10.1 If the host has granted the contracting party an option for a certain period of time, the host can withdraw from the accommodation contract as long as other interested parties who have been made aware of the option have not made a definitive reservation.
10.2 Obligatory Special Services of the Hotelier not included in the Accommodation Fee include:
- Special accommodation services that can be billed separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage services, etc;
- A reduced price is charged for the provision of additional or children’s beds.
§ 11 – Liability of the Hotelier for Damage to Guest Property
11.1 The hotelier is liable in accordance with §§ 970 et seq. of the Austrian Civil Code (ABGB) for property brought by the contractual partner. The hotelier’s liability is only given if the property has been handed over to the hotelier or to persons authorized by the hotelier, or if it has been taken to a location specified by them. If the hotelier cannot prove this, they are liable for their own fault or the fault of their staff, as well as for the fault of incoming and outgoing persons. The hotelier’s liability is, in any case, limited to the amount determined in the Federal Law of November 16, 1921, on the liability of innkeepers and other entrepreneurs in the respective version. If the contractual partner or guest does not immediately comply with the hotelier’s request to deposit their property in a special storage location, the hotelier is relieved of all liability. The maximum amount of any liability of the hotelier is limited to the liability insurance sum of the respective hotelier. The fault of the contractual partner or guest must be taken into account.
11.2 The hotelier’s liability is excluded for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages or indirect damages, as well as lost profits, are not reimbursed.
11.3 The hotelier is only liable for valuables, money, and securities up to an amount of currently €550. The hotelier is only liable for any damage exceeding this amount if they have taken these items for safekeeping with knowledge of their nature, or if the damage was caused by the hotelier or one of their staff. The liability limitations according to §§ 12.1 and 12.2 apply mutatis mutandis.
11.4 The hotelier can refuse to store valuables, money, and securities if they are significantly more valuable objects than guests of the respective accommodation facility typically store.
11.5 In any case of accepted storage, liability is excluded if the contractual partner and/or guest does not immediately report the incurred damage to the hotelier once they become aware of it. In addition, these claims must be asserted in court by the contractual partner or guest within three years from the time of knowledge or possible knowledge; otherwise, the right is extinguished.
§ 12 – Limitations of Liability
12.1 If the contractual partner is a consumer, the hotelier’s liability for slight negligence is excluded, with the exception of personal injuries.
12.2 If the contractual partner is an entrepreneur, the hotelier’s liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages, indirect damages, as well as lost profits, are not compensated. The amount of the damage to be compensated in any case is limited to the amount of the trust interest.
§ 13 – Pet Policy
13.1 Pets may only be brought into the accommodation facility with the prior consent of the hotelier and, if necessary, for a special fee.
13.2 The contractual partner who brings a pet must ensure that the pet is properly cared for and supervised during their stay, or arrange for suitable third-party care for the pet at their own expense.
13.3 The contractual partner or guest bringing a pet must have appropriate pet liability insurance or private liability insurance that covers potential damages caused by pets. Proof of this insurance must be provided upon request by the hotelier.
13.4 The contractual partner or their insurer is jointly and severally liable to the hotelier for any damage caused by pets, including any compensation payments the hotelier has to make to third parties.
13.5 Pets are not allowed in salons, public rooms, restaurants and wellness areas.
§ 14 – Extension of Accommodation
14.1 The contractual partner has no entitlement to an extension of their stay. If the contractual partner timely requests an extension of the accommodation, the hotelier may agree to extend the accommodation contract, but is not obligated to do so.
14.2 If the contractual partner is unable to leave the accommodation facility on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.) that block or render all departure options unusable, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner is unable to fully utilize the services offered by the accommodation facility due to the extraordinary weather conditions. The hotelier is entitled to demand at least the customary price charged during the off-season.
§ 15 – Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract has been concluded for a specific period, it ends with the expiration of that period.
15.2 If the contractual partner departs prematurely, the hotelier is entitled to demand the full agreed fee. The hotelier will deduct what they have saved as a result of the non-utilization of their service offer or what they have earned through alternative rental of the booked rooms. Savings only apply if the accommodation facility is fully occupied at the time of non-utilization of the rooms booked by the guest, and the rooms can be rented to other guests due to the cancellation by the contractual partner. The contractual partner bears the burden of proof for the savings.
15.3 The contract with the hotelier ends with the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the parties can terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
15.5 The hotelier is entitled to terminate the accommodation contract with immediate effect for an important reason, especially if the contractual partner or guest
- makes significantly disadvantageous use of the premises or, through their reckless, offensive, or otherwise grossly improper behavior, makes coexistence unpleasant for other guests, the owner, their staff, or third parties residing in the accommodation facility;
- contracts an infectious disease or a disease that lasts beyond the duration of the accommodation, or otherwise requires care.;
- does not pay the presented bills within a reasonable deadline (3 days) from the due date.
15.6 If the fulfillment of the contract becomes impossible due to an event that can be classified as force majeure (e.g. natural events, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, unless the contract is already in accordance with the law is considered dissolved, or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. of the contractual partner are excluded.
§ 16 – Illness or Death of the Guest
16.1 If a guest becomes ill during their stay at the accommodation facility, the hotelier will arrange for medical care at the guest’s request. If there is an imminent danger, the hotelier will also arrange for medical care without a specific request from the guest, especially if it is necessary and 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 hotelier will provide medical treatment at the guest’s expense. However, these measures will end as soon as the guest can make decisions or the guest’s relatives have been notified of the illness.
16.3 The hotelier has claims for reimbursement of costs against the contractual partner, the guest, or in the event of death, against their legal successors, especially for the following costs:
- open doctor’s fees, costs for medical transport, medications, and medical aids,
- necessary room disinfection,
- unusable laundry, bed linen, and bedding, otherwise for the disinfection or thorough cleaning of all these items,
- Restoration of walls, furnishings, carpets, etc., insofar as they have been soiled or damaged in connection with the illness or death.
§ 17 – Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location where the accommodation facility is situated.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction is the registered office of the hotelier in the case of a bilateral business transaction. The hotelier is also entitled to assert its rights at any other local and subject-matter competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile or habitual residence in Austria, actions against the consumer may only be filed at the consumer’s domicile, habitual residence, or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the locally and subject-matter competent court for actions against the consumer is exclusively responsible.
§ 18 – Miscellaneous
18.1 Unless otherwise provided in the above provisions, a period begins with the delivery of the document initiating the period to the contractual partners who must adhere to the period. When calculating a period specified in days, the day on which the time or event on which the commencement of the period is based shall not be included. Periods specified in weeks or months refer to the day of the week or month that corresponds to the day from which the period is to be counted, by its name or number. If this day is not present in the month, the last day of the month in question is decisive.
18.2 Declarations must be received by the respective other contractual partner on the last day of the period (midnight).
18.3 The hotelier is entitled to set off the contractual partner’s claims with their own claims. The contractual partner is not entitled to set off their own claims against claims of the hotelier unless the hotelier is insolvent or the contractual partner’s claim has been judicially determined or acknowledged by the hotelier.
18.4 In the event of gaps in these regulations, the relevant statutory provisions apply.
Version dated November 15th, 2006
