Version 09.12.2022
Based on: General Terms and Conditions for the Hotel Industry 2016
(AGBH 2006), version of 15.11.2006, source: www.oehv.at
Live on www.till.at
 

1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

2 Definitions
Proprietor: Is a natural or legal person who accommodates guests for a fee.
Guest: Is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
Contractual partner: Is a natural or legal person in Germany or abroad who completes an accommodation contract as a guest or for a guest.
Consumer and "entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
Accommodation Contract: Is the contract completed between the Proprietor and the Contracting Party, the content is regulated in more detail below.

3 Conclusion of contract – down payment
3.1 The accommodation contract is concluded by the acceptance of the order of the contractual partner by the accommodation provider. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and access is made during the announced business hours of the Proprietor.
3.2 The Proprietor is entitled to conclude the Accommodation Contract on the condition that the Contracting Party makes a 100% down payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required down payment before accepting the written or verbal order of the contractual partner. If the Party agrees to the down payment (in writing or verbally), the Accommodation Agreement shall be concluded upon receipt of the declaration of consent for the payment of the Contracting Party's deposit by the Proprietor.
3.3 The contracting party is obliged to pay the deposit no later than 3 days (receipt) before the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the contracting party. Credit and debit cards are subject to the terms and conditions of the card companies.
3.4 The down payment is a partial payment of the agreed fee.

4 Beginning and end of accommodation
4.1 The contracting party has the right, unless the accommodation provider offers a different occupancy time, to move into 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 previous night counts as the first overnight stay..
4.3 The rented rooms must be vacated by the contracting party by 11.00 a.m. on the day of departure. The Proprietor is entitled to charge an additional day if the rented rooms are not vacated on time.

5 Withdrawal from the accommodation contract – cancellation fee Withdrawal by the accommodation provider
5.1 If the accommodation contract requires a down payment and the down payment has not been made by the contractual partner on time, the accommodation provider may withdraw from the accommodation contract without a grace period.
5.2 If the guest does not show up by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the premises shall remain reserved until 12.00 noon on the day following the agreed date of arrival at the latest. In the case of advance payment of more than four days, the accommodation obligation ends at 6 p.m. on the fourth day, whereby the day of arrival is counted as the first day, unless the guest announces a later day of arrival.
5.4 At the latest, up to 3 months before the agreed date of arrival of the contracting party, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed. Withdrawal by the contracting party – cancellation fee
5.5 At the latest 3 months before the agreed date of arrival of the guest, the accommodation contract can be terminated without payment of a cancellation fee by unilateral declaration by the contracting party.
5.6 Unless otherwise stipulated in individual bookings, the following applies outside the period specified in § 5.5., withdrawal by unilateral declaration by the contractual partner is only possible upon payment of the following cancellation fees:

• • up to 3 months before the date of arrival no cancellation fees;
• • up to 1 month before the day of arrival 40% of the total package price;
• • up to 1 week before the day of arrival 70% of the total package price;
• • in the last week before the day of arrival 90% of the total package price.

Difficulties in Arrival
5.7 If the contracting party is unable to appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay a fee for the booked stay is revived from the date of arrival if arrival becomes possible again within three days.

6 Provision of alternative accommodation
6.1 The Proprietor may provide the Contracting Party or the Guests with adequate replacement accommodation (of the same quality) if this is reasonable for the Contracting Party, if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the Proprietor.

7 Rights of the contractual partner
By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are usually accessible to guests for use without special conditions, and to the usual service. The contracting party must exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

8 Obligations of the contractual partner
8.1 Unless otherwise stipulated in the individual agreement, the contractual partner is obliged to pay the agreed fee plus any additional amounts incurred due to separate use of services by him and/or the guests accompanying him plus statutory value added tax at the latest at the time of departure.
8.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these will be accepted as payment at the current exchange rate as far as possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Contracting Party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by it or the Guest or other persons who accept services from the Proprietor with the knowledge or will of the Party.

9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears with it, the accommodation provider shall be entitled to the statutory right of retention in accordance with § 970c ABGB as well as the statutory lien in accordance with § 1101ABGB on the items brought in by the contractual partner or .dem by the guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the accommodation contract, in particular for meals, other expenses incurred for the Contractual Partner and for any claims for compensation of any kind.
9.2 If the service is requested in the room of the contractual partner or at exceptional times of the day (after 8.00 p.m. and before 6.00 a.m.), the accommodation provider is entitled to demand a special fee for this. However, this special fee must be marked on the room price list. The Proprietor may also refuse these services for operational reasons.
9.3 The accommodation provider is entitled to invoice or interim invoicing of its services at any time.

10 Obligations of the Proprietor
10.1 The Proprietor is obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the accommodation provider that are subject to labelling, which are not included in the accommodation fee, are exemplary:
a) special accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage, etc.;
b) a reduced price will be charged for the provision of extra beds or cots.

11 Liability of the accommodation provider for damage to items brought in
11.1 The Proprietor shall be liable in accordance with §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Contracting Party. The Proprietor's liability shall only be given if the goods have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by them. If the Proprietor does not succeed in proving it, the Proprietor shall be liable for its own fault or the fault of its people as well as the outgoing and incoming persons. Pursuant to Section 970 (1) of the Austrian Civil Code, the Proprietor shall be liable up to a maximum of the amount set out in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the Proprietor's request to deposit his belongings in a special storage location, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability sum insured by the respective Proprietor. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The Proprietor's liability for slight negligence is excluded. 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 or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any further damage in the event that he has taken over these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of his employees. The limitation of liability in accordance with 12.1 and 12.2 shall apply reasonably.
11.4 The Proprietor may refuse to store valuables, money and securities if they are much more valuable items than guests of the accommodation facility in question usually place in custody.
11.5 In any case of assumed storage, liability is excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage that has occurred as soon as it becomes aware of it. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.

12 Limitations of Liability
12.1 If the 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 Proprietor'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, non-material damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the amount of the interest in trust.

13 Pets
13.1 Pets may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 The contracting party who takes a pet with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his own expense.
13.3 The contractual partner or guest who takes a pet with him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by the pet. Proof of the corresponding insurance must be provided at the request of the accommodation provider.
13.4 The Contracting Party or its insurer shall be jointly and severally liable to the Proprietor for the damage caused by pets brought along. The damage also includes, in particular, those compensation services of the Proprietor which the Proprietor has to provide to third parties.
13.5 Pets are not allowed in the salons, lounges, restaurants and wellness areas.

14 Extension of accommodation
14.1 The contracting party is not entitled to have their stay extended. If the contracting party announces a desire to extend the stay in good time, the accommodation provider may agree to the extension of the accommodation contract. The Proprietor is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation facility on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this time is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the extraordinary weather conditions. The accommodation provider is entitled to demand at least that fee that corresponds to the usual price charged in the low season.

15 Termination of the Accommodation Agreement – Premature Termination
15.1 If the accommodation contract has been concluded for a definite period of time, it shall end upon expiry of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The accommodation provider will deduct what he saves as a result of not using his range of services or what he has received by renting the ordered rooms to other parties. A saving only exists if the accommodation facility is fully utilized at the time of non-use of the premises ordered by the guest and the premises can be rented to other guests due to the cancellation of the contractual partner. The burden of proof of the savings shall be borne by the contractual partner.
15.3 Upon the death of a Guest, the contract with the Proprietor ends.
15.4 If the accommodation contract has been concluded for an indefinite period of time, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.
15.5 The Proprietor is entitled to terminate the Accommodation Contract with immediate effect for good cause, in particular if the Contracting Party or the Guest
a) makes a significantly detrimental use of the premises or, by his reckless, offensive or otherwise grossly improper behaviour, spoils the cohabitation of other guests, the owner, his people or third parties living in the accommodation establishment or is guilty of a punishable act against property, morality or physical safety towards 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 invoices submitted when they are due within a reasonable period of time (3 days).
15.6 If the performance of the contract becomes impossible due to an event to be regarded as force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a period of notice, unless the Agreement is already deemed to have been terminated by law, or the Proprietor is released from its 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 falls ill during their stay in the accommodation facility, the accommodation provider shall provide medical care at the request of the guest. If danger is imminent, the Proprietor shall arrange for medical care even without a special request from the Guest, in particular if this is necessary and the Guest is not able 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 Proprietor will provide medical treatment at the expense of the Guest. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness.
16.3 The Proprietor has claims for damages against the Party and the Guest or, in the event of death, against their legal successors, in particular for the following costs:
a) outstanding medical expenses, costs for ambulance transport, medicines and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bedding that have become unusable, otherwise for the disinfection or thorough cleaning of all such items;
d) restoration of walls, furnishings, carpets, etc., insofar as they have been contaminated or damaged in connection with the illness or death,
e) Room rent, insofar as the premises were used by the guest, plus any days of unusability of the rooms due to disinfection, eviction or similar,
f) any other damages incurred by the accommodation provider.

17 Place of legislation, place of jurisdiction and choice of law
17.1 The place of legislation is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian procedural and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) as well as the UN
17.3 In the case of bilateral business transactions, the exclusive place of jurisdiction is the registered office of the Proprietor, whereby the Proprietor is entitled to assert his rights at any other local and subject-matter court.
17.4 If the accommodation contract was finalized with a contractual partner who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer can only be brought in at the consumer's place of residence, habitual residence or place of employment.
17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with territorial and material jurisdiction for the consumer's domicile shall have exclusive jurisdiction for actions against the consumer.

18 Other
18.1 Unless otherwise provided, a time limit shall commence upon service of the document ordering the time limit to the contracting parties who must comply with the time limit. When calculating a time limit, which is determined in days, the day in which the time or event falls according to which the beginning of the period is to be determined is not counted. Time limits determined by weeks or months refer to those days of the week or month which, by their designation or number, correspond to the days from which the time limit is to be counted. If this day is missing in the month, the last day in that month is decisive.
18.2 Declarations must have been received by the other contracting party on the last day of the deadline (24:00).
18.3 The Proprietor shall be entitled to offset its own claims against the claim of the Contracting Party. The Contracting Party shall not be entitled to offset its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Contracting Party's claim has been established by a court of law or acknowledged by the Proprietor.
18.4 House rules and use: Throughout the house and in the outdoor area, peace and cleanliness are mandatory for everyone. All items are to be used with care and mindfulness. All rooms and areas are equipped to a high standard, and in the interests of the accommodation providers and contractual partners, the preservation of the high quality of all items is highly obligatory. If these rules are violated, the Proprietor reserves the right to expel the contracting party from the house immediately. Damage must be reported by the contractual partner via the systems provided or by telephone. The Proprietor reserves the right to charge the Damaging Party for damages and the costs of remedying them. Items taken along (laundry, inventory, decorative material) will also be invoiced at the original price including the cost of replacement.
18.5 In the event of loopholes, the relevant statutory provisions shall apply.