General Terms and Conditions for the Hotel Industry

These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions].

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§ 1 General

The (General) Austrian Hotel Contract Terms and Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Terms do not exclude special agreements.

§ 2 Contractual partner

(1) In case of doubt, the Party of the Proprietor shall be deemed to be the Customer, even if the Customer has ordered or co-ordered for other named persons.

(2) Persons making use of the accommodation are guests within the meaning of the terms of the contract.

§ 3 Conclusion of contract, down payment

(1) As a rule, the accommodation contract is concluded by the accommodation provider's acceptance of the guest's written or oral order.

(2) It may be agreed that the guest pays a deposit.

(3) The accommodation provider may also demand advance payment of the entire agreed fee.

§ 4 Start and end of the accommodation

(1) The guest has the right to move into the rented rooms from 3.00 p.m. on the agreed day.

(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6.00 p.m. on the agreed day of arrival unless a later time of arrival has been agreed.

(3) If the guest has paid a deposit, on the other hand, the room(s) shall remain reserved until 11.00 a.m. of the following day at the latest.

(4) If a room is used for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.

(5) The rented rooms are to be vacated by the guest by 11.00 a.m. on the day of departure.

§ 5 Withdrawal from the accommodation contract - cancellation fee

(1) If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.

(2) If the guest does not appear by 6 p.m. on the agreed day of arrival, there shall be no obligation to provide accommodation unless a later time of arrival has been agreed upon.

(3) If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon at the latest on the day following the agreed day of arrival. If more than four days have been paid in advance, the obligation to accommodate shall end at 6 p.m. on the fourth day, the day of arrival is counted as the first day, unless the guest gives notice of a later day of arrival.

(4) Up to 3 months before the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor, for objectively justified reasons, unless otherwise agreed, by unilateral declaration.

(5) Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the Party.

(6) Outside the period stipulated in § 5.5, cancellation by a unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees nbsp:

- up to 1 month before the day of arrival 40 % of the total arrangement price;
- up to 1 week before the day of arrival 70 % of the total arrangement price;
- in the last week before the day of arrival 90 % of the total package price.

Important! Cancellation fees only apply if it was not possible to sublet the accommodation to other guests to compensate for the cancellation.

§ 6 Provision of the substitute accommodation

(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.

(2) An objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures necessitate this step.

(3) Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the Guest

(1) By concluding an accommodation contract, the guest acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are usually and without special conditions accessible to the guests for use, and to the customer service.

(2) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.

(3) If the full board or half board has been agreed, the guest shall have the right to demand an appropriate substitute meal (packed lunch) for meals which he/she does not take.

§ 8 Obligations of the Party

(1) The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.

(2) The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.

(3) The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.

§ 9 Rights of the Proprietor

(1) If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.

(2) If services are requested in the room of the Party or during unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge an extra remuneration. However, such extra remuneration shall be indicated on the price board for the room. The Proprietor may also refuse such services for operational reasons.

(3) The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.

§ 10 Obligations of the Proprietor

(1) The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.

(2) Extra services of the Proprietor that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include:

a) Extra accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.;

b) A reduced price shall be charged for the provision of additional beds or cribs.

§ 11 Liability of the Proprietor for damage to items of guests

(1) The Proprietor shall be liable for the items brought along by the Party in accordance with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or deposited in a place assigned by such or intended for such purpose. Unless the Proprietor provides other evidence, the Proprietor shall be liable for its own fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec. 1 of ABGB, the Proprietor shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their items in a special deposit, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the sum insured under the third-party liability insurance of such Proprietor. Any fault of the Party or Guest shall be taken into account.

(2) The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.

(3) The Proprietor shall only be liable for valuables, money and securities up to an amount of currently €550.--. The Proprietor shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.

(4) The Proprietor may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.

(5) In each event of deposition, liability shall be excluded if the Party and/or Guest fails to immediately notify the Proprietor of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Party and/or Guest; otherwise, the right shall become extinct.

§ 12 Limitations of liability

(1) If the Party is a Consumer, the Proprietor may not be held liable for slight negligence, except for bodily injury.

(2) If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (Vertrauensinteresse).

§ 13 Animals

(1) Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and against extra remuneration.

(2) The Party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.

(3) The Party and/or Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Proprietor upon request.

(4) The Party and/or their insurance company shall be jointly and severally liable towards the Proprietor for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Proprietor to third parties.

(5) Animals shall not be permitted to enter the lounges, saloons, restaurants and wellness zones.

§ 14 Prolongation of the accommodation

(1) The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.

(2) If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.

§ 15 Termination of the Accommodation Agreement – Early cancellation

(1) If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.

(2) If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.

(3) Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.

(4) If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.

(5) The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest

a) makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;

b) suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;

c) fails to settle the presented invoices when they become payable within a reasonably set period (3 days).

(6) If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.

§ 16 Sickness or death of the Guest

(1) If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.

(2) As long as the Guest is unable to make decisions or it is not possible to contact the family of the Guest, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.

(3) The Proprietor shall particularly be entitled to damages from the Party or the Guest or, in the event of their death, their successors for the following expenses:

a) unsettled medical costs, costs for ambulance transports, drugs and medical aids

b) room disinfections that have become necessary,

c) linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,

d) restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,

e) rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,

f) any other damage incurred by the Proprietor.

§ 17 Place of performance, place of jurisdiction and applicable law

(1) The place of performance shall be the place where the accommodating establishment is situated.

(2) These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.

(3) If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.

(4) If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.

(5) If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.

§ 18 Miscellaneous

(1) Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.

(2) Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).

(3) The Proprietor shall be entitled to offset any of its claims against claims of the Party. The Party shall not be entitled to offset any of its claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or acknowledged by the Proprietor.

(4) If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply