1.1 These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous Austrian Hotel Contract Conditions in the version of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed-upon agreements.
"Host": A natural or legal person who accommodates guests for a fee.
"Guest": A natural person who avails themselves of accommodation. The guest is usually also the contractual partner. Also considered guests are those persons who travel with the contractual partner (e.g., family members, friends, etc.).
"Contractual Partner": A natural or legal person from within or outside the country who concludes an accommodation contract as a guest or for a guest.
"Consumer" and "Entrepreneur": The terms are to be understood in accordance with the Consumer Protection Act 1979, as amended.
"Accommodation Contract": The contract concluded between the host and the contractual partner, the content of which is subsequently regulated.
Is a natural or legal person who accommodates guests for a fee.
Is a natural person who avails themselves of accommodation. The guest is usually also the contractual partner. Also considered guests are those persons who travel with the contractual partner (e.g., family members, friends, etc.).
Is a natural or legal person from within or outside the country who concludes an accommodation contract as a guest or for a guest.
The terms are to be understood in accordance with the Consumer Protection Act 1979, as amended.
Is the contract concluded between the host and the contractual partner, the content of which is subsequently regulated.
3.1 The accommodation contract is concluded by the host accepting the order of the contractual partner. Electronic declarations are considered received when the party for which they are intended can access them under normal circumstances, and access occurs during the host's stated business hours.
3.2 The host is entitled to conclude the accommodation contract on the condition that the contractual partner makes a deposit. In this case, before accepting the written or oral order of the contractual partner, the host is obliged to inform the contractual partner about the required deposit. If the contractual partner agrees to the deposit (in writing or orally), the accommodation contract comes into effect upon receipt of the contractual partner's consent to pay the deposit to the host.
3.3 The contractual partner is obliged to pay the deposit no later than 7 days prior to the accommodation. The costs of the money transaction (e.g., transfer fees) are borne by the contractual partner. The respective conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed-upon fee.
4.1 The contractual partner has the right, unless the host offers a different check-in time, to occupy the rented rooms from 4:00 PM on the agreed-upon day ("arrival day").
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 contractual partner by 12:00 PM on the day of departure. The host is entitled to charge for an additional day if the rented rooms are not vacated on time.
5.1 If the accommodation contract stipulates a deposit and the contractual partner has not paid the deposit on time, the host can cancel the accommodation contract without a grace period.
5.2 If the guest does not arrive by 6:00 PM on the agreed-upon arrival day, there is no obligation for accommodation, unless a later arrival time has been agreed upon.
5.3 If the contractual partner has made a deposit (see 3.3), the rooms will remain reserved until 12:00 PM of the day following the agreed-upon arrival day. With a prepayment of more than four days, the obligation for 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 Up to 3 months before the agreed-upon arrival day of the contractual partner, the accommodation contract can be unilaterally terminated by the host for substantiated reasons unless otherwise agreed upon.
Cancellation by the Contractual Partner - Cancellation Fee
5.5 Up to 3 months before the agreed-upon arrival day of the guest, the accommodation contract can be terminated by the contractual partner without payment of a cancellation fee by unilateral declaration.
5.6 Outside the period specified in § 5.5, cancellation by unilateral declaration of the contractual partner is only possible by paying the following cancellation fees:
Up to 3 months before the agreed-upon arrival day of the contractual partner, the accommodation contract can be terminated by the host for substantiated reasons unless otherwise agreed upon.
Up to 3 months before the agreed-upon arrival day of the guest, the accommodation contract can be terminated by the contractual partner without payment of a cancellation fee by unilateral declaration.
Outside the period specified in § 5.5, cancellation by unilateral declaration of the contractual partner is only possible by paying the following cancellation fees:
6.1 If the contractual partner does not make the required deposit even after a reasonable grace period set by the host has expired, the host is entitled to rescind the accommodation contract.
6.2 If the guest fails to pay the deposit agreed upon in time, the host is entitled to rescind the accommodation contract without granting a grace period.
6.3 If the guest, upon arriving at the accommodation establishment, refuses to pay the required deposit or to make it in accordance with the agreement, the host is entitled to rescind the accommodation contract immediately without granting a grace period.
6.4 If it becomes apparent that the contractual partner will not pay the deposit within a reasonable grace period set by the host, the host is entitled to rescind the accommodation contract without granting a grace period.
7.1 Up to 3 months before the agreed-upon arrival day of the guest, the accommodation contract can be terminated by the contractual partner without payment of a cancellation fee by unilateral declaration.
7.2 Outside the period specified in § 7.1, withdrawal by unilateral declaration of the contractual partner is only possible by paying the following cancellation fees:
7.3 If the guest does not arrive by 6:00 PM on the agreed-upon arrival day, there is no obligation for accommodation, unless a later arrival time has been agreed upon.
7.4 In the case of a justified withdrawal by the contractual partner or justified cancellation by the host, no claim for compensation for damages by the other party arises.
7.5 The right to unilaterally terminate the accommodation contract expires if it is not exercised within a period agreed upon in the contract. In the absence of such an agreement, the period of notice is as follows:
8.1 The host can provide the contractual partner with adequate substitute accommodation if this is reasonable for the contractual partner, especially if the difference is insignificant and objectively justified.
8.2 Objectively justified reasons include rooms being rendered unusable, already occupied, or any other substantial reason.
8.3 Any additional expenses arising from the substitute accommodation shall be borne by the host.
8.4 A reasonable provision of substitute accommodation is deemed accepted if it corresponds to the agreed-upon quality standard.
9.1 By concluding an accommodation contract, the contractual partner acquires the right to make normal use of the rented rooms and the facilities of the accommodation establishment that are usually accessible to guests, without any disturbing interference and as per the respective house rules.
9.2 The contractual partner is obliged to use the rooms and facilities with care. In particular, the contractual partner is responsible for ensuring that fellow travelers, family members, or guests comply with the house rules.
9.3 The contractual partner is liable towards the host for any damages caused by themselves or their travel companions.
9.4 The host shall provide the services owed according to their usual standard.
9.5 The contractual partner shall promptly notify the host of any defects or disruptions in the services provided and undertake what is reasonable to remedy the disruption and minimize any possible damage.
10.1 If the contractual partner refuses to pay the agreed-upon or usual fee, the host is entitled to a contractual lien on the items brought into the accommodation establishment by the contractual partner or the guest.
10.2 The host may exercise the right of retention for other receivables arising from the accommodation contract and for claims due to services provided in connection with the accommodation.
10.3 In addition, the host has the right to terminate the accommodation contract with immediate effect for important reasons, especially if the contractual partner or the guest:
10.4 If the performance of the contract becomes impossible due to unforeseeable events, the host is entitled to terminate the accommodation contract at any time without notice.
11.1 The place of performance is the location of the accommodation establishment.
11.2 Austrian substantive law applies; the conflict-of-law rules of international private law and the UN Sales Law do not apply.
11.3 For all disputes arising from the accommodation contract, including disputes regarding its existence or non-existence, the competent court at the location of the accommodation establishment is exclusively responsible.
11.4 For consumer contracts within the meaning of the Consumer Protection Act, the competent court at the domicile, habitual residence, or place of employment of the consumer is responsible. This jurisdiction agreement only applies if the consumer is domiciled or habitually resident in the country at the time the action is filed.
11.5 For actions against consumers who are domiciled, habitually resident, or employed in Austria or who, after conclusion of the contract, move their domicile or habitual residence abroad or whose domicile or habitual residence is unknown at the time the action is filed, the jurisdiction of the court at the location of the accommodation establishment is agreed upon.
12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of negligence. Consequential damages, immaterial damages, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the trust interest.
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly for a special fee.
13.2 The contracting party who brings an animal is obliged to properly care for or supervise this animal during its stay or to have it properly cared for or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest who brings an animal must have an appropriate animal liability insurance or private liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer are jointly and severally liable to the accommodation provider for the damage caused by brought animals. The damage includes in particular those compensation payments that the accommodation provider has to make to third parties.
13.5 Animals are not allowed in the salons, social, restaurant rooms, and wellness areas.
14.1 The contracting party has no entitlement to an extension of their stay. If the contracting party announces their wish to extend the stay in due time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is not obliged to do so.
14.2 If, on the day of departure, the contracting party cannot leave the accommodation establishment due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.) where all departure options are closed or unusable, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party cannot fully utilize the services offered by the accommodation establishment due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least the fee equivalent to the usual price charged in the off-season.
15.1 If the accommodation contract has been concluded for a specific period, it ends upon expiry of that time.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they have saved due to the non-utilization of their service offer or what they have obtained through the alternative renting of the ordered rooms. Savings are only applicable if the accommodation establishment is fully occupied at the time of non-utilization of the rooms ordered by the guest and if the room can be rented to other guests due to the cancellation by the contracting party. The burden of proof regarding the savings lies with the contracting party.
15.3 The contract with the accommodation provider ends upon the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 am on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the contracting party or the guest
a) makes significantly disadvantageous use of the premises or by their reckless, offensive, or otherwise grossly improper behavior causes inconvenience to other guests, the owner, their staff, or the third parties residing in the accommodation establishment or commits an offense punishable by law against their property, morals, or physical safety;
b) is afflicted with a contagious disease or a disease that extends beyond the period of accommodation or otherwise requires care;
c) does not pay the presented invoices within a reasonable period set (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event deemed as force majeure (e.g., natural events, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law, or the accommodation provider is exempt from their obligation to provide accommodation. Any claims for damages, etc., by the contracting party are excluded.
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care upon the guest's request. If there is an urgent danger, the accommodation provider will arrange for medical care even without the guest's specific request, especially if it is necessary and the guest is unable to do so.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will, at the expense of the guest, arrange for medical treatment. However, the scope of these measures ends at the point when the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider is particularly liable to the contracting party and the guest or, in the event of death, their legal successors for the following costs:
a) unpaid doctor's costs, costs for medical transport, medicines, and medical aids
b) necessary room disinfection
c) rendered unusable laundry, bed linen, and bedding; otherwise, for the disinfection or thorough cleaning of all these items
d) restoration of walls, furnishings, carpets, etc., to the extent that these were soiled or damaged in connection with the illness or death
e) room rent, to the extent that the room was used by the guest, plus any days of non-usability of the rooms due to disinfection, evacuation, or similar reasons
f) any other damages incurred by the accommodation provider.
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVU) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral commercial transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert their rights at any other local and materially competent court.
17.4 If the accommodation contract has been concluded with a consumer who has their domicile or habitual residence in Austria, lawsuits against the consumer can only be filed at their place of residence, habitual abode, or place of employment.
17.5 If the accommodation contract has been concluded with a consumer who has their domicile in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court having local and subject-matter jurisdiction at the consumer's residence is exclusively competent for lawsuits against the consumer.
18.1 Unless the above provisions stipulate otherwise, the running of a period begins with the delivery of the document ordering the period to the contracting party who is to comply with the period. When calculating a period determined by days, the day on which the point in time or event falls from which the beginning of the period is to be calculated is not included. Periods specified by weeks or months refer to the day of the week or month corresponding to the name or number, from which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.
18.2 Declarations must have been received by the respective other contracting party on the last day of the period (midnight).
18.3 The accommodation provider is entitled to set off the contracting party's claims with their own claims. The contracting party is not entitled to set off their own claims against the accommodation provider's claims unless the accommodation provider is insolvent or the contracting party's claim has been judicially established or recognized by the accommodation provider.
18.4 In the case of regulatory gaps, the corresponding legal provisions apply.
