General Terms and Conditions for the Hotel Industry 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 dated 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. In the event of individually agreed provisions, such provisions take precedence over the AGBH 2006.

§ 2 Definitions

2.1 Definitions:

“Accommodation Provider”: A natural or legal person who accommodates guests against payment.

“Guest”: A natural person who makes use of accommodation. The guest is generally also the contractual partner. Persons travelling with the contractual partner (e.g. family members, friends) are also deemed to be guests.

“Contractual Partner”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: These terms are to be understood as defined in the Austrian Consumer Protection Act (KSchG) as amended.

“Accommodation Contract”: The contract concluded between the accommodation provider and the contractual partner, the content of which is defined in more detail below.

§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded by acceptance of the contractual partner’s reservation by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and such receipt occurs during the business hours notified by the accommodation provider.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner pays a deposit. In this case, the accommodation provider is obliged, before accepting the written or oral reservation of the contractual partner, to notify the contractual partner of the required deposit. If the contractual partner agrees to pay the deposit (in writing or orally), the accommodation contract is concluded upon receipt by the accommodation provider of the contractual partner’s declaration of consent to pay the deposit.

3.3 The contractual partner is obliged to pay the deposit no later than 7 days prior to the start of accommodation (value date). The costs of the money transaction (e.g. bank transfer fees) are borne by the contractual partner. The conditions of the respective card companies apply to credit and debit cards.

3.4 The deposit is a partial payment towards the agreed remuneration.

§ 4 Beginning and End of Accommodation

4.1 Unless the accommodation provider offers another time of availability, the contractual partner has the right to occupy the rented rooms from 4.00 p.m. on the agreed day (“day of arrival”).

4.2 If a room is used for the first time before 6.00 a.m., the preceding night counts as the first overnight stay.

4.3 The rented rooms must be vacated by the contractual partner by 12.00 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in due time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee

Withdrawal by the Accommodation Provider

5.1 If the accommodation contract provides for a deposit and if the deposit has not been paid in due time by the contractual partner, the accommodation provider may withdraw from the accommodation contract without granting a grace period.

5.2 If the guest does not arrive by 6.00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.

5.3 If the contractual partner has paid a deposit (see 3.3), the rooms remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In the case of prepayment for more than four days, the obligation to provide accommodation ends at 6.00 p.m. on the fourth day, whereby the day of arrival counts as the first day, unless the guest notifies a later day of arrival.

5.4 Up to 3 months before the agreed date of arrival of the contractual partner, the accommodation provider may, for objectively justified reasons and unless otherwise agreed, terminate the accommodation contract by unilateral declaration.

Withdrawal by the Contractual Partner – Cancellation Fee

5.5 Up to 3 months before the agreed date of arrival of the guest, the contractual partner may terminate the accommodation contract by unilateral declaration without being liable to pay a cancellation fee.

5.6 Outside the period defined in § 5.5, withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:

• up to 1 month before the date of arrival: 40% of the total package price;
• up to 1 week before the date of arrival: 70% of the total package price;
• in the last week before the date of arrival: 90% of the total package price.

Impediments to Arrival

5.7 If the contractual partner cannot arrive at the accommodation establishment on the day of arrival because all means of arrival are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed remuneration for the days of arrival.

5.8 The obligation to pay the remuneration for the booked stay resumes as soon as arrival becomes possible, provided that it becomes possible within three days.

§ 6 Provision of Substitute Accommodation

6.1 The accommodation provider may provide the contractual partner and/or the guests with adequate substitute accommodation (of equal quality), if this is reasonable for the contractual partner, in particular if the deviation is minor and objectively justified.

6.2 An objective justification is deemed to exist, for example, if the room(s) has/have become unusable, already accommodated guests extend their stay, overbooking has occurred or other important operational measures necessitate this step.

6.3 Any additional expenses for the substitute accommodation are borne by the accommodation provider.

§ 7 Rights of the Contractual Partner

7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are customarily accessible to guests without special conditions, and customary service. The contractual partner must exercise his rights in accordance with any hotel and/or guest regulations (house rules).

§ 8 Obligations of the Contractual Partner

8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts that have arisen due to separate use of services by him and/or by guests accompanying him, plus statutory VAT, at the latest at the time of departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment as far as possible at the daily exchange rate. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner must bear all associated costs, such as inquiries with credit card companies, telegrams, etc.

8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or will of the contractual partner, make use of the services of the accommodation provider.

§ 9 Rights of the Accommodation Provider

9.1 If the contractual partner refuses to pay the agreed remuneration or is in arrears with such payment, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB (Austrian Civil Code) and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contractual partner or the guest. This right of retention or lien also serves to secure claims of the accommodation provider arising from the accommodation contract, in particular for catering services, other expenses incurred on behalf of the contractual partner and for any kind of compensation claims.

9.2 If service is requested in the contractual partner’s room or at unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the accommodation provider is entitled to charge a special fee for this. This special fee must be indicated on the room price list. The accommodation provider may also refuse such services for operational reasons.

9.3 The accommodation provider has the right to invoice or issue interim invoices for his services at any time.

§ 10 Obligations of the Accommodation Provider

10.1 The accommodation provider is obliged to provide the agreed services in a scope corresponding to his standard.

10.2 Special services of the accommodation provider that are subject to labelling requirements and are not included in the accommodation fee include, by way of example:

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

b) provision of additional beds or children’s beds at a reduced price.

§ 11 Liability of the Accommodation Provider for Items Brought In

11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for items brought in by the contractual partner. Liability of the accommodation provider only exists if the items have been handed over to the accommodation provider or persons authorised by him, or have been brought to a place designated or indicated by these persons. If the accommodation provider fails to prove this, he is liable for his own fault and the fault of his staff as well as of persons entering and leaving the establishment. The accommodation provider is liable pursuant to § 970 (1) ABGB up to the maximum amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or the guest fails to comply immediately with the accommodation provider’s request to deposit his items at a special storage place, the accommodation provider is released from any liability. The amount of any possible liability of the accommodation provider is limited to the sum insured under the respective accommodation provider’s liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.

11.2 The liability of the accommodation provider is excluded for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In such a case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as loss of profit are not compensated under any circumstances.

11.3 For valuables, cash and securities, the accommodation provider is liable only up to the amount of currently € 550.–. The accommodation provider is liable for any damage exceeding this amount only if he has taken over these items for safekeeping with knowledge of their nature or if the damage was caused by him or by one of his staff. The limitations of liability pursuant to 12.1 and 12.2 apply accordingly.

11.4 The accommodation provider may refuse to store valuables, cash and securities if they are substantially more valuable than items which guests of the relevant accommodation establishment usually hand over for storage.

11.5 In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not notify the accommodation provider of the damage incurred without undue delay from the time the damage becomes known. Furthermore, such claims must be asserted in court within three years from the date on which the contractual partner or guest obtained knowledge of the damage or could reasonably have obtained such knowledge; otherwise, the rights are forfeited.

§ 12 Limitations of Liability

12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence is excluded, with the exception of personal injury.

12.2 If the contractual partner is an entrepreneur, the liability of the accommodation provider 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 or indirect damages as well as loss of profit are not compensated. Any damage to be compensated is in any case limited by the amount of the interest in reliance on the contract.

§ 13 Keeping of Animals

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, against payment of a special fee.

13.2 The contractual partner who brings an animal is obliged to keep and supervise the animal properly during his stay or to have it kept and supervised at his expense by suitable third parties.

13.3 The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided to the accommodation provider upon request.

13.4 The contractual partner and his insurer are jointly and severally liable to the accommodation provider for all damage caused by animals brought along. The damage particularly includes any compensation to be paid by the accommodation provider to third parties.

13.5 Animals are not allowed in lounges, common rooms, restaurant areas and wellness areas.

§ 14 Extension of Accommodation

14.1 The contractual partner has no entitlement to an extension of his stay. If the contractual partner announces his wish to extend the stay in time, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contractual partner is unable to leave the accommodation establishment on the day of departure because all departure options are blocked or unusable as a result of unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contractual partner is unable to make full use of the services offered by the accommodation establishment due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the remuneration that corresponds to the price usually charged in the low season.

§ 15 Termination of the Accommodation Contract – Early Dissolution

15.1 If the accommodation contract has been concluded for a fixed term, it ends upon expiry of that term.

15.2 If the contractual partner departs prematurely, the accommodation provider is entitled to demand the full agreed remuneration. The accommodation provider will deduct what he saves as a result of the non-utilisation of his services or what he receives by renting the reserved rooms to other guests. Such a saving only exists if the accommodation establishment is fully booked at the time the guest fails to make use of the reserved rooms and the room can be rented to further guests due to the cancellation by the contractual partner. The contractual partner bears the burden of proof for the amount of the saving.

15.3 In the event of the guest’s death, the contract with the accommodation provider terminates.

15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by giving notice up to 10.00 a.m. on the third day before the intended termination date.

15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest

a) makes significantly disadvantageous use of the rooms or, through his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together with the other guests, the owner, his staff or third parties living in the accommodation establishment intolerable, or commits an act threatened with punishment against property, morality or physical safety to the detriment of these persons;

b) is affected by a contagious disease or a disease that extends beyond the period of accommodation, or otherwise becomes in need of care;

c) fails to pay the presented invoices when due within a reasonably set period (3 days).

15.6 If performance of the contract becomes impossible due to an event that is to be considered force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already deemed terminated by law or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages by the contractual partner are excluded.

§ 16 Illness or Death of the Guest

16.1 If a guest falls ill during his stay in the accommodation establishment, the accommodation provider will, at the guest’s request, arrange for medical care. If there is imminent danger, the accommodation provider will also arrange for medical care without a special request from the guest, in particular if this is necessary and the guest is unable to do so himself.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. The scope of these care measures ends as soon as the guest is able to make decisions or the relatives have been informed of the illness.

16.3 The accommodation provider has claims for compensation against the contractual partner and the guest, or in the event of death against their legal successors, in particular for the following costs:

a) outstanding medical costs, costs of transportation of the sick person, medication and aids;

b) necessary disinfection of rooms;

c) linen, bed linen and bedding that have become unusable, otherwise the costs of disinfection or thorough cleaning of all such items;

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

e) room rent, insofar as the room was occupied by the guest, plus any days during which the rooms are unusable due to disinfection, clearance, etc.;

f) any other damage incurred by the accommodation provider.

§ 17 Place of Performance, Jurisdiction and Choice of Law

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

17.2 This contract is subject to Austrian formal and substantive law, to the exclusion of the rules of private international law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.

17.3 In business-to-business transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider. The accommodation provider is, however, entitled to assert his rights at any other local and competent court.

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

17.5 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his domicile in a member state of the European Union (excluding Austria), Iceland, Norway or Switzerland, the court having jurisdiction for the consumer’s domicile has exclusive jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise provided above, time limits commence upon delivery of the document ordering the time limit to the contractual partner who must comply with the time limit. When calculating a time limit expressed in days, the day on which the moment or event triggering the time limit occurs is not counted. Time limits expressed in weeks or months refer to that day of the week or month which, by its designation or number, corresponds to the day from which the time limit is counted. If this day is missing in a month, the last day of that month shall be decisive.

18.2 Declarations must be received by the other contractual partner by the last day of the time limit (24.00 hours).

18.3 The accommodation provider is entitled to offset his own claims against claims of the contractual partner. The contractual partner is not entitled to offset his 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 acknowledged by the accommodation provider.

18.4 In the event of gaps in these provisions, the relevant statutory provisions shall apply.