2006 GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY
§ 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 dated September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.
§ 2 Definition of Terms
2.1 Definition of terms: "Proprietor": is a natural or legal person who accommodates guests for a fee. "Guest": is a natural person who uses accommodation. As a rule, the guest is also the contractual partner. Guests are also those people who travel with the contractual partner (e.g. family members, friends, etc.). "Contractual partner": is a natural or legal person in Germany or abroad who concludes 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 concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.
§ 3 Conclusion of the contract - deposit
3.1 The accommodation contract comes into being when the accommodation provider accepts the order of the contractual partner. Electronic declarations are deemed to have been received if the party for whom they are intended can call them up under normal circumstances and access takes place during the announced business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner pays a deposit. 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 from the contractual partner. If the contractual partner agrees to the down payment (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent for the contractual partner to pay the down payment to the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit at least 7 days (received) before the accommodation. The contractual partner bears the costs for the money transaction (e.g. transfer fees). The respective conditions of the card company apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Beginning and end of the accommodation
4.1 Unless the accommodation provider offers a different time to move into, the contractual partner has the right to move into the rented rooms from 4 p.m. on the agreed day ("day of arrival").
4.2 If a room is used for the first time before 6 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 12 noon on the day of departure. The accommodation provider is entitled to invoice an additional day if the rented rooms are not vacated on time. 4
§ 5 Withdrawal from the accommodation contract - cancellation fee Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the contract partner has not paid the down payment on time, the accommodation provider can withdraw from the accommodation contract without a grace period.
5.2 If the guest does not appear by 6 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 contractual partner has made a down payment (see 3.3), however, the rooms will remain reserved until 12 noon on the day following the agreed arrival date at the latest. In the case of advance payments of more than four days, the obligation to provide accommodation ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 Up to 3 months before the agreed arrival date of the contractual partner at the latest, the accommodation contract can be canceled by the accommodation provider for objectively justified reasons, unless otherwise agreed, by means of a unilateral declaration. Withdrawal by the contractual partner - cancellation fee
5.5 Up to 3 months before the agreed arrival date of the guest at the latest, the accommodation contract can be canceled without paying a cancellation fee by means of a unilateral declaration by the contractual partner.
5.6 Outside of the conditions set out in § 5.5. Withdrawal by unilateral declaration by the contractual partner is only possible within the specified period, subject to payment of the following cancellation fees: - 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 arrangement price. 5 to 3 months 3 months to 1 month 1 month to 1 week No cancellation fees in the last week 40% 70% 90% hindrances to arrival
5.7 If the contractual partner cannot appear at the accommodation facility on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contractual partner 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 comes back to life from the time of arrival if arrival is possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The accommodation provider can provide the contractual partner or the guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is insignificant and objectively justified.
6.2 An objective justification is given, for example, if the room (s) has (are) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
§ 7 Rights of the contract partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to normal use of the rented rooms, the facilities of the accommodation facility that are normally accessible to guests for use without special conditions, and to normal service. The contractual partner must exercise his rights in accordance with any hotel and / or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed fee at the latest at the time of departure plus any additional amounts that have arisen due to separate use of services by him and / or the guests accompanying him plus statutory sales tax.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted as part of payment at the current rate, if possible. Should the accommodation provider accept foreign currencies or cashless means of payment, the contractual partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contractual partner.
§ 9 rights of the accommodation provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB and the statutory right of lien in accordance with § 1101 ABGB on items brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claim from the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
9.2 If the service is requested in the contract partner's room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the accommodation provider is entitled to demand a special fee. However, this special fee must be shown on the room price board. The accommodation provider can also refuse these services for operational reasons.
9.3 The accommodation provider has the right to invoicing or interim invoicing of his services at any time.
7 § 10 Obligations of the Proprietor
10.1 The accommodation provider is obliged to provide the agreed services to an extent that corresponds to its standard.
10.2 Special services of the accommodation provider that are subject to labeling and that are not included in the accommodation fee include: a) Special accommodation services that can be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium, garage, etc .; b) A reduced price will be charged for the provision of additional beds or cots. § 11 Liability of the accommodation provider for damage to property brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for items brought in by the contractual partner. The accommodation provider is only liable if the items have been handed over to the accommodation provider or to people authorized by the accommodation provider or have been brought to a location designated by them or designated for this purpose. If the accommodation provider is unable to provide evidence, the accommodation provider is liable for its own fault or the fault of its people as well as the incoming and outgoing people. The accommodation provider is liable in accordance with Section 970, Paragraph 1 of the Austrian Civil Code up to the amount stipulated in the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the currently applicable version. If the contractual partner or the guest does not immediately comply with the accommodation provider’s request to deposit their items in a special storage location, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider is not liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contract partner bears the burden of proof for the existence of the fault. Consequential or indirect damage as well as lost profits will not be replaced under any circumstances.
11.3 The Proprietor is only liable for valuables, money and securities up to the current amount of € 550.00. The accommodation provider is only liable for any further damage in the event that he has accepted these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider can refuse to keep valuables, money and securities in safekeeping if they are much more valuable items than guests of the accommodation facility in question usually keep in safekeeping.
11.5 In any case of the assumed storage, liability is excluded if the contractual partner and / or guest does not notify the accommodation provider of the damage immediately after becoming 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 no longer valid.
§ 12 Limitations of Liability
12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider is not liable for slight and gross negligence. In this case, the contract partner bears the burden of proof for the existence of the fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. In any case, the damage to be compensated finds its limit in the amount of the interest in trust.
§ 13 keeping of animals
13.1 Animals 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 contractual partner who takes an animal with him is obliged to properly keep or supervise this animal 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 an animal with them must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider.
13.4 The contractual partner or his insurer are jointly and severally liable to the accommodation provider for the damage caused by animals brought along. The damage also includes, in particular, those compensation services by the accommodation provider that the accommodation provider has to provide to third parties.
13.5 Animals are not allowed in the salons, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of the accommodation
14.1 The contractual partner has no right to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is not obliged to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) have blocked all departure options or cannot be used, the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner cannot fully use the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the off-season.
§ 15 Termination of the accommodation contract - early termination
15.1 If the accommodation contract was concluded for a specific period, it ends when the time expires.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee. 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. There is only a saving 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 contractual partner bears the burden of proof of the savings.
15.3 The contract with the accommodation provider ends with the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties can dissolve the contract by 10.00 a.m. 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 an important reason, in particular if the contractual partner or the guest a) makes a significantly disadvantageous use of the premises or the other guests, the owner, through their inconsiderate, offensive or otherwise grossly improper behavior whose people or third parties living in the accommodation facility prevent them from living together or are guilty of a punishable act against property, morality or physical safety towards these people; b) is attacked by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care; c) fails to pay the submitted invoices when they are due within a reasonable period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event that is considered to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already terminated by law , or the accommodation provider is released from his obligation to provide accommodation. Any claims for damages etc. by 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 will provide medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange for medical care even without the guest's special request, especially if this is necessary and the guest is unable to do so himself.
16.2 As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. The scope of these care measures ends at the point in time at which the guest can make decisions or the relatives have been notified of the illness. 11
16.3 The accommodation provider has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs: a) medical costs, costs for patient transport, medication and medical aids b) room disinfection that has become necessary, c) linen, bed linen and bed furnishings that have become unusable, otherwise, for the disinfection or thorough cleaning of all these items, d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death, e) room rental, insofar as the room was used by the guest , plus any days when the rooms are unusable due to disinfection, evacuation or the like, f) any other damage incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) as well as UN sales law.
17.3 In bilateral business transactions, the exclusive place of jurisdiction is the domicile of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and factually competent court.
17.4 If the accommodation contract has been concluded with a contractual partner who is a consumer and has his place of residence or habitual abode in Austria, lawsuits against the consumer can only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was made with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is local and factual for the consumer's place of residence for lawsuits against the consumer competent court has exclusive jurisdiction.
12 § 18 Miscellaneous
18.1 Unless the above provisions stipulate anything special, the running of a period begins with the delivery of the document ordering the period to the contractual partner, who must comply with the period. When calculating a deadline, which is determined by days, the day on which the point in time or the event occurs, according to which the beginning of the deadline should be based, is not included. Deadlines determined by weeks or months refer to that day of the week or month which, by its name or number, corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations must be received by the other contractual partner on the last day of the deadline (midnight).
18.3 The accommodation provider is entitled to offset his own claims against claims of the contractual partner. The contract partner is not entitled to offset his own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contract partner has been determined by a court or recognized by the accommodation provider.
18.4 In the event of loopholes, the relevant statutory provisions apply