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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.
§ 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:
  1. open doctor’s fees, cos­ts for medi­cal trans­port, medi­ca­ti­ons, and medi­cal aids,
  2. neces­sa­ry room dis­in­fec­tion,
  3. unusable laun­dry, bed linen, and bed­ding, other­wi­se for the dis­in­fec­tion or tho­rough clea­ning of all the­se items,
  4. 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

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for up to 4 persons

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