§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous Austrian Hotel Contract Conditions (ÖHVB) of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually concluded agreements.
§ 2 Definitions
2.1 Definitions: “Host”: A natural or legal person who provides accommodation to guests for a fee. “Guest”: A natural person who avails themselves of accommodation. The guest is usually also the contracting party. Persons who accompany the contracting party (e.g., family members, friends, etc.) are also considered guests.
“Contracting Party”: A natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest. “Consumer” and “Entrepreneur”: The terms are understood in accordance with the Consumer Protection Act 1979, as amended. “Accommodation Contract”: The contract concluded between the host and the contracting party, the details of which are subsequently regulated.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded when the host accepts the order from the contracting party. Electronic declarations are deemed to have been 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 contracting party makes a deposit. In this case, the host is obliged to inform the contracting party of the required deposit before accepting the written or oral order from the contracting party. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract is concluded when the contracting party’s declaration of consent regarding the payment of the deposit is received by the host.
3.3 The contracting party is obliged to pay the deposit (30%) no later than 7 days before the accommodation period. The costs of the money transfer (e.g., bank charges) are borne by the contracting party. The respective conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed consideration.
§ 4 Beginning and End of Accommodation
4.1 Unless the host offers a different check-in time, the contracting party has the right to occupy the rented rooms from 1:00 p.m. on the agreed day of arrival (“arrival day”).
4.2 If a room is occupied for the first time before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3 The contracting party must vacate the rented rooms by 12:00 p.m. on the day of departure. The host is entitled to charge an additional day if the rented rooms are not vacated in a timely manner.
§ 5 Cancellation of the Accommodation Contract – Cancellation Fee
Cancellation by the Host
5.1 If the accommodation contract provides for a deposit and the deposit is not paid by the contracting party within the specified period, the host may cancel the accommodation contract without granting an additional period.
5.2 If the guest does not appear 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 upon.
5.3 If the contracting party has paid a deposit (see 3.3), the reserved rooms will remain reserved until 12:00 p.m. on the day following the agreed day of arrival. For prepayments of more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest notifies of a later arrival day.
5.4 Up to 3 months before the agreed day of arrival, the accommodation contract can be terminated by the host, for substantiated reasons, unless otherwise agreed, by means of a unilateral declaration.
Cancellation by the Contracting Party – Cancellation Fee
5.5 Up to 3 months before the agreed day of arrival, the accommodation contract can be terminated by the contracting party through a unilateral declaration without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, a cancellation by the contracting party through a unilateral declaration is only possible with the payment of the following 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.
5.7 If the contracting party is unable to arrive at the accommodation establishment on the day of arrival due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) that make all means of arrival impossible, the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes when arrival becomes possible again within three days.
§ 6 Provision of Substitute Accommodation
6.1 The host may provide the contracting party or guests with an adequate substitute accommodation (of the same quality) if it is reasonable for the contracting party, especially if the deviation is minor and justified.
6.2 Justification may include situations where the room(s) become(s) unusable, already accommodated guests extend their stay, overbooking occurs, or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation are borne by the host.
§ 7 Rights of the Contracting Party
7.1 By entering into an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and the usual services. The contracting party must exercise their rights in accordance with any hotel and/or guest policies (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed fee, plus any additional charges incurred due to separate services used by them and/or accompanying guests, plus statutory value-added tax, no later than at the time of departure.
8.2 The host is not obliged to accept foreign currencies. If the host accepts foreign currencies, they will be accepted at the current exchange rate to the extent possible. If the host accepts foreign currencies or cashless payment methods, the contracting party bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the host for any damage caused by themselves, the guest, or other individuals who receive services from the host with the knowledge or consent of the contracting party.
§ 9 Rights of the Host
9.1 If the contracting party refuses to pay the agreed-upon fee or is in arrears, the host is entitled to the legal right of retention according to § 970c ABGB (Austrian Civil Code) as well as the legal right of lien according to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien is also granted to the host to secure their claims arising from the accommodation contract, particularly for meals, other expenses incurred for the contracting party, and any potential claims for compensation of any kind.
9.2 If services are requested in the contracting party’s room or during extraordinary times (after 8:00 p.m. and before 6:00 a.m.), the host is entitled to demand a special fee for such services. However, this special fee must be indicated on the price list for the rooms. The host may also refuse these services for operational reasons.
9.3 The host has the right to settle accounts or make interim settlements of their services at any time.
§ 10 Obligations of the Host
10.1 The host is obligated to provide the agreed-upon services to the extent corresponding to their standard.
10.2 Examples of additional chargeable services provided by the host, not included in the accommodation fee, are:
a) Additional services provided by the accommodation establishment that can be billed separately, such as the provision of parking, etc.
b) A reduced price is charged for the provision of extra or children’s beds.
§ 11 Liability of the Host for Damage to Brought-in Items
11.1 The host is liable according to §§ 970 et seq. ABGB for the items brought in by the contracting party. The liability of the host arises only if the items have been handed over to the host or their authorized personnel or have been brought to a place instructed or designated by them. If the host fails to prove otherwise, they are liable for their own fault or the fault of their personnel, as well as the fault of incoming and outgoing individuals. The liability of the host is limited to the maximum amount determined in the current version of the Federal Law of November 16, 1921, regarding the liability of innkeepers and other entrepreneurs, according to § 970 (1) ABGB. If the contracting party or guest fails to promptly comply with the host’s request to deposit their items in a designated storage location, the host is relieved of any liability. The amount of any potential liability of the host is limited to the liability insurance coverage amount of the respective host. The fault of the contracting party or guest should be taken into account.
11.2 The host’s liability is excluded for slight negligence. If the contracting party is a business entity, liability for gross negligence is also excluded. In this case, the burden of proof for the existence of fault lies with the contracting party. Consequential damages or indirect damages, as well as lost profits, are in no case reimbursed.
11.3 For valuables, money, and securities, the host’s liability is limited to an amount of currently €550. The host is liable for any damages exceeding this amount only if they have accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the host themselves or their personnel. The limitations of liability according to 12.1 and 12.2 apply mutatis mutandis.
11.4 The host may refuse the storage of valuables, money, and securities if they are substantially more valuable items than what guests of the respective accommodation establishment typically deposit for safekeeping. 11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest fails to promptly notify the host of the occurred damage upon becoming aware of it. Furthermore, these claims must be asserted in court by the contracting party or guest within three years from the time of knowledge or possible knowledge; otherwise, the right is extinguished.
§ 12 Limitation of Liability
12.1 If the contracting party is a consumer, the host’s liability for slight negligence, except for personal injury, is excluded.
12.2 If the contracting party is a business entity, the host’s liability for slight and gross negligence is excluded. In this case, the burden of proof for the existence of fault lies with the contracting party. Consequential damages, non-material damages, indirect damages, as well as lost profits, are not compensated. The damage to be compensated, in any case, is limited to the extent of the justified interest.
§ 13 Keeping of Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the host and, if necessary, against special compensation.
13.2 The contracting party who brings an animal is obliged to properly keep or supervise the animal during their stay, or, at their own expense, have it kept or supervised by suitable third parties.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that covers potential damages caused by animals. Proof of the corresponding insurance must be provided upon request by the host.
13.4 The contracting party or their insurer is jointly and severally liable to the host for the damage caused by the animals brought in. The damage includes, in particular, the compensation that the host has to provide to third parties.
13.5 Animals are not allowed in lounges, common areas, restaurants, and wellness areas.
§ 14 Extension of Accommodation
14.1 The contracting party has no entitlement to extend their stay. If the contracting party timely notifies their request to extend the stay, the host may agree to extend the accommodation contract. However, the host is not obligated to do so.
14.2 If, on the day of departure, the contracting party is unable to leave the accommodation establishment due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that render all departure options inaccessible or blocked, the accommodation contract will be automatically extended for the duration of the impossibility to depart. A reduction in the fee for this period is only possible if the contracting party is unable to fully utilize the offered services of the accommodation establishment due to the extraordinary weather conditions. The host is entitled to demand at least the fee that corresponds to the usual price charged during the off-peak season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract has been concluded for a specific period of time, it ends upon the expiration of that time.
15.2 If the contracting party departs prematurely, the host is entitled to demand the full agreed-upon fee. The host will deduct any savings resulting from the non-utilization of their services or any income obtained from alternative rental of the reserved rooms. Savings exist only if the accommodation establishment is fully occupied at the time of non-utilization of the rooms ordered by the guest, and if the rooms can be rented to other guests due to the cancellation by the contracting party. The burden of proof for the savings lies with the contracting party.
15.3 The contract with the host ends upon the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period of time, the contracting parties can terminate the contract until 10:00 a.m. on the third day prior to the intended end of the contract.
15.5 The host is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the contracting party or guest:
a) makes significantly detrimental use of the premises or through their thoughtless, offensive, or otherwise grossly improper behavior makes living together unpleasant for other guests, the owner, their staff, or third parties residing in the accommodation establishment, or engages in a criminal offense against property, morality, or physical safety towards these individuals;
b) contracts a contagious disease or becomes otherwise in need of care extending beyond the duration of the accommodation;
c) fails to pay the presented invoices within a reasonable period set by the host (3 days) upon their due date.
15.6 If the fulfillment of the contract becomes impossible due to an event classified as force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the host may 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 host is exempt from their obligation to accommodate. Any claims for compensation, etc., by the contracting party are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the host will arrange for medical care upon the guest’s request. If there is imminent danger, the host will also arrange for medical care without the guest’s specific request, particularly if it is necessary and the guest is unable 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 host will arrange for medical treatment at the guest’s expense. However, the scope of these measures ends when the guest is able to make decisions or when the relatives have been notified of the illness.
16.3 The host has the right to claim reimbursement for the following costs from the contracting party, the guest, or their legal successors in the event of illness or death:
a) outstanding medical costs, costs for medical transportation, medication, and medical aids
b) necessary room disinfection,
c) damaged or unusable laundry, bed linen, and bedding, or their disinfection or thorough cleaning if necessary,
d) restoration of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with the illness or death,
e) room rental if the guest has used the premises, plus any days of inoperability of the rooms due to disinfection, evacuation, etc.,
f) any other damages incurred by the host.
§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is Vienna.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular, the IPRG and EVÜ) as well as the UN Sales Convention.
17.3 The exclusive place of jurisdiction is the registered office of the host in bilateral business transactions, whereby the host 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 residence or habitual abode in Austria, claims against the consumer can only be filed at the residence, habitual abode, or place of employment of the consumer.
17.5 If the accommodation contract has been concluded with a consumer who has their residence in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court competent for the consumer’s residence, both in terms of jurisdiction and subject matter, shall have exclusive jurisdiction.
b) If the guest is a consumer and only has a domestic place of employment, this will be agreed upon as the place of jurisdiction. The cancellation fees mentioned in § 5 clauses 1, 2, and 5 are registered as non-binding recommendations of the association under the Cartel Register, number 1 Kt 617/97-5, in accordance with § 31 in conjunction with § 32 of the Cartel Act.