General terms and conditions of business
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous Austrian Hotel Contract Conditions (ÖHVB) dated 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. They are subsidiary to individually agreed arrangements.
§ 2 Definitions
2.1 Definitions:
Hotelier: A natural or legal person who accommodates guests for remuneration.
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, etc.) are also considered 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 within the meaning of the Austrian Consumer Protection Act (as amended).
Accommodation Contract: The contract concluded between the hotelier and the contractual partner, the content of which is regulated in detail below.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded upon acceptance of the booking by the hotelier. Electronic declarations are deemed received when they can be retrieved by the intended party under normal circumstances and receipt occurs during the hotelier’s stated business hours.
3.2 The hotelier is entitled to conclude the accommodation contract subject to the condition that the contractual partner pays a deposit. In this case, the hotelier must inform the contractual partner of the required deposit before accepting the booking.
3.3 The contractual partner is obliged to pay the deposit no later than 7 days prior to arrival (receipt of payment). Any transaction costs (e.g. bank charges) shall be borne by the contractual partner. Credit and debit card payments are subject to the respective card company’s terms and conditions.
3.4 The deposit constitutes a partial payment of the agreed remuneration.
§ 4 Beginning and End of Accommodation
4.1 Unless otherwise agreed, the contractual partner is entitled to occupy the rented rooms from 4:00 p.m. on the agreed arrival day.
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 12:00 noon on the day of departure. If the rooms are not vacated in due time, the hotelier may charge for an additional day.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fees
Withdrawal by the Hotelier
5.1 If a deposit has been agreed and is not paid on time, the hotelier may withdraw from the contract without granting a grace period.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If a deposit has been paid, the room remains reserved until 12:00 noon of the following day after the agreed arrival date.
5.4 Up to 3 months before the agreed arrival date, the hotelier may terminate the contract for objectively justified reasons, unless otherwise agreed.
Withdrawal by the Contractual Partner – Cancellation Fees
5.5 Up to 3 months before the agreed arrival date, the contract may be cancelled without charge.
5.6 After this period, cancellation is only possible subject to the following 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
- During the last week before arrival: 90% of the total arrangement price
5.7 If arrival is impossible on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding), the contractual partner is not obliged to pay for those days.
5.8 The obligation to pay resumes once arrival becomes possible within three days.
§ 6 Provision of Alternative Accommodation
6.1 The hotelier may provide adequate alternative accommodation of equivalent quality, provided this is reasonable for the contractual partner.
6.2 Objective justification includes, for example, unusable rooms, overbooking, or other important operational measures.
6.3 Any additional costs for alternative accommodation shall be borne by the hotelier.
§ 7 Rights of the Contractual Partner
7.1 By concluding the accommodation contract, the contractual partner acquires the right to the customary use of the rented rooms and facilities of the hotel normally accessible to guests.
§ 8 Obligations of the Contractual Partner
8.1 The contractual partner is obliged to pay the agreed remuneration plus statutory VAT at the latest upon departure.
8.2 The hotelier is not obliged to accept foreign currencies.
8.3 The contractual partner is liable for any damage caused by themselves, the guest, or accompanying persons.
§ 9 Rights of the Hotelier
9.1 In the event of non-payment, the hotelier is entitled to statutory rights of retention and lien.
9.2 The hotelier may charge a special fee for extraordinary room service or services outside normal hours.
9.3 The hotelier is entitled to issue interim invoices at any time.
§ 10 Obligations of the Hotelier
10.1 The hotelier is obliged to provide the agreed services in accordance with the applicable standard.
10.2 Special services not included in the accommodation price may include sauna, indoor pool, garage parking, etc.
§ 11 Liability of the Hotelier for Brought-in Property
11.1 The hotelier is liable in accordance with §§ 970 et seq. Austrian Civil Code (ABGB) for items brought into the hotel.
11.2 Liability for slight negligence is excluded.
11.3 Liability for valuables, money and securities is limited to currently €550.
11.4 The hotelier may refuse custody of exceptionally valuable items.
11.5 Claims must be reported immediately and asserted in court within three years.
§ 12 Limitations of Liability
12.1 For consumers, liability for slight negligence (except personal injury) is excluded.
12.2 For entrepreneurs, liability for slight and gross negligence is excluded.
§ 13 Pets
13.1 Pets are only permitted with prior consent of the hotelier and may be subject to an additional charge.
13.2 The contractual partner must properly supervise or arrange supervision of the pet.
13.3 Appropriate liability insurance must be provided upon request.
13.4 The contractual partner is jointly and severally liable for damage caused by pets.
13.5 Pets are not permitted in lounges, restaurants or wellness areas.
§ 14 Extension of Accommodation
14.1 There is no entitlement to extend the stay.
14.2 In cases of force majeure preventing departure, the contract is automatically extended for the duration of the impediment.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 Fixed-term contracts end upon expiry of the agreed period.
15.2 In case of early departure, the hotelier may demand the full agreed remuneration, less any savings.
15.3 The contract ends upon the death of the guest.
15.4 Contracts concluded for an indefinite period may be terminated with notice.
15.5 The hotelier may terminate the contract with immediate effect for good cause.
15.6 In cases of force majeure, the hotelier may terminate the contract without notice.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill, the hotelier will arrange medical care upon request or in urgent cases.
16.2 Costs are borne by the guest.
16.3 The hotelier may claim compensation for medical expenses, disinfection, damaged furnishings, room rental during unusable periods, and other resulting damages.
§ 17 Place of Performance, Jurisdiction and Applicable Law
17.1 Place of performance is the location of the accommodation establishment.
17.2 Austrian law applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.
17.3 In business-to-business transactions, the court at the hotelier’s registered office has jurisdiction.
17.4 For Austrian consumers, jurisdiction lies at their place of residence or employment.
17.5 For consumers residing in the EU (excluding Austria), Iceland, Norway or Switzerland, the court at their place of residence has exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Time limits are calculated in accordance with statutory provisions.
18.2 Declarations must be received by the other party by midnight on the final day of the period.
18.3 Set-off is only permitted within the statutory framework.
18.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.