GTC

as of 15th November 2016

General terms and conditions for the hotel industry (AGBH 2006) 

§ 1 Scope of appli­ca­tion
1.1 These Gen­er­al Terms and Con­di­tions for the Hotel Indus­try (here­inafter referred to as “AGBH 2006”) shall replace the pre­vi­ous ÖHVB [Aus­tri­an Hotel Con­tract Con­di­tions] as amend­ed on 23 Sep­tem­ber 1981.
1.2 The AGBH 2006 shall not exclude spe­cial agree­ments. The AGBH 2006 shall be sub­sidiary to agree­ments made on an indi­vid­ual basis.

§ 2 Def­i­n­i­tions
2.1 Def­i­n­i­tions:
“Pro­pri­etor”: means an indi­vid­ual or enti­ty that accom­mo­dates guests against remu­ner­a­tion.
“Guest”: means an indi­vid­ual that uses accom­mo­da­tion. Usu­al­ly the guest is also the Par­ty. Guests also include those per­sons that are accom­mo­dat­ed togeth­er with such Par­ty (e.g. fam­i­ly mem­bers, friends etc.).
“Par­ty”: means a domes­tic or for­eign indi­vid­ual or enti­ty that enters into an Accom­mo­da­tion Agree­ment as a Guest or for a Guest.
“Con­sumer” and “Entre­pre­neur”: these terms shall be con­strued as defined by the 1979 Con­sumer Pro­tec­tion Act (Kon­sumenten­schutzge­setz) as amend­ed.
“Accom­mo­da­tion Agree­ment”: means the agree­ment made between the Pro­pri­etor and the Par­ty, the con­tents of which are spec­i­fied below.

§ 3 Exe­cu­tion of the agree­ment – Down pay­ment
3.1 The Accom­mo­da­tion Agree­ment shall be deemed entered into upon the accep­tance of the Party’s order by the Pro­pri­etor. Elec­tron­ic dec­la­ra­tions shall be deemed received when they can be col­lect­ed by the par­ty to which they are addressed under nor­mal cir­cum­stances pro­vid­ed that they are received dur­ing the pub­lished busi­ness hours of the Pro­pri­etor.
3.2 The Pro­pri­etor shall be enti­tled to enter into the Accom­mo­da­tion Agree­ment under the con­di­tion that the Par­ty makes a down pay­ment. In such event, the Pro­pri­etor shall be oblig­ed to inform the Par­ty of the required down pay­ment before accept­ing the writ­ten or oral order of the Par­ty. If the Par­ty agrees to the down pay­ment (in writ­ing or oral­ly), the Accom­mo­da­tion Agree­ment shall be deemed entered into upon the receipt of the Party’s dec­la­ra­tion of con­sent on the down pay­ment by the Pro­pri­etor.
3.3 The Par­ty shall be oblig­ed to make the down pay­ment no lat­er than 7 days (receipt) before the accom­mo­da­tion. The costs for the finan­cial trans­ac­tion (e.g. remit­tance fee) shall be paid by the Par­ty. Cred­it and deb­it cards shall be sub­ject to the terms and con­di­tions of the issu­ing com­pa­ny.
3.4 The down pay­ment shall be deemed an instal­ment of the agreed remuneration.

§ 4 Start and end of accom­mo­da­tion
4.1 Unless the Pro­pri­etor offers any oth­er time of occu­pan­cy, the Par­ty shall be enti­tled to move into the rent­ed rooms from 4.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occu­pied for the first time before 6.00 a.m., the pre­ced­ing night shall be deemed the first night of accom­mo­da­tion.
4.3 The rent­ed rooms shall be vacat­ed by the Par­ty by 12.00 noon on the date of depar­ture. The Pro­pri­etor shall be enti­tled to charge anoth­er day if the rent­ed rooms are not vacat­ed in time.

§ 5 Rescis­sion of the Accom­mo­da­tion Agree­ment
Can­cel­la­tion fee Rescis­sion by the Pro­pri­etor
5.1 If the Accom­mo­da­tion Agree­ment pro­vides for a down pay­ment and such down pay­ment has not been made by the Par­ty in time, the Pro­pri­etor may rescind the Accom­mo­da­tion Agree­ment with­out grant­i­ng any grace peri­od.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Pro­pri­etor shall not be oblig­ed to accom­mo­date them unless a lat­er time of arrival has been agreed upon.
5.3 If the Par­ty has made a down pay­ment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day fol­low­ing the date of arrival at the lat­est. If a down pay­ment to the amount of more than four days has been made, the oblig­a­tion to accom­mo­date the Guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the Guest informs the Pro­pri­etor of a lat­er date of arrival.
5.4 Unless oth­er­wise agreed upon, the Pro­pri­etor may rescind the Accom­mo­da­tion Agree­ment for objec­tive­ly jus­ti­fied rea­sons by means of a uni­lat­er­al dec­la­ra­tion by 3 months before the agreed date of arrival of the Party.

Rescis­sion by the Par­ty – Can­cel­la­tion fee
5.5 The Par­ty may rescind the Accom­mo­da­tion Agree­ment by means of a uni­lat­er­al dec­la­ra­tion by 3 months before the agreed date of arrival of the Guest with­out being liable to pay a can­cel­la­tion fee.
5.6 Out­side the peri­od spec­i­fied in § 5.5., the Par­ty may only rescind the Accom­mo­da­tion Agree­ment by means of a uni­lat­er­al dec­la­ra­tion sub­ject to the fol­low­ing can­cel­la­tion fees:
- 40% of the total agreed price by 1 month before the date of arrival;
- 70% of the total agreed price by 1 week before the date of arrival;
- 90% of the total agreed price with­in the last week pre­ced­ing the date of arrival.
3 months or more no can­cel­la­tion fee
3 months to 1 month 40%
1 month to 1 week up to 70%
1 week 90%

Pre­ven­tion from arrival
5.7 If the Par­ty is pre­vent­ed from arriv­ing at the accom­mo­dat­ing estab­lish­ment on the date of arrival since this is impos­si­ble due to unfore­see­able extra­or­di­nary events (e.g. extreme snow­fall, floods etc.), the Par­ty shall not be oblig­ed to pay the agreed remu­ner­a­tion for the date of arrival.
5.8 The oblig­a­tion to pay the remu­ner­a­tion for the booked stay shall revive as soon as the arrival becomes pos­si­ble again pro­vid­ed that it becomes pos­si­ble with­in three days.

§ 6 Pro­vi­sion of sub­sti­tute accom­mo­da­tion
6.1 The Pro­pri­etor may pro­vide the Par­ty or the guests with ade­quate sub­sti­tute accom­mo­da­tion (of the same qual­i­ty) pro­vid­ed that this is rea­son­able for the Par­ty, par­tic­u­lar­ly if the dif­fer­ence is insignif­i­cant and objec­tive­ly jus­ti­fied.
6.2 An objec­tive jus­ti­fi­ca­tion shall, for exam­ple, be deemed giv­en if the room(s) has (have) become unus­able, guests that have already been accom­mo­dat­ed pro­long their stay, the estab­lish­ment is over­booked or this becomes nec­es­sary due to oth­er impor­tant oper­a­tional activ­i­ties.
6.3 Any extra expens­es aris­ing from such sub­sti­tute accom­mo­da­tion shall be paid by the Proprietor.

§ 7 Rights of the Par­ty
7.1 By enter­ing into an Accom­mo­da­tion Agree­ment, the Par­ty shall acquire the right to make nor­mal use of the rent­ed rooms and the facil­i­ties of the accom­mo­dat­ing estab­lish­ment that are usu­al­ly acces­si­ble to the guests for use with­out any spe­cial con­di­tions and of the usu­al ser­vice. The Par­ty shall exer­cise their rights in accor­dance with any applic­a­ble hotel and/or guest reg­u­la­tions (rules of the house)

§ 8 Oblig­a­tions of the Par­ty
8.1 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.
8.2 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.
8.3 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
9.1 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.
9.2 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.
9.3 The Pro­pri­etor shall be enti­tled to issue invoic­es or inter­im invoic­es for its ser­vices at any time.

§ 10 Oblig­a­tions of the Pro­pri­etor
10.1 The Pro­pri­etor shall be oblig­ed to pro­vide the agreed ser­vices to an extent that com­plies with its stan­dards. 10.2 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
11.1 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.
11.2 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.
11.3 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.
11.4 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.
11.5 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
12.1 If the Par­ty is a Con­sumer, the Pro­pri­etor may not be held liable for slight neg­li­gence, except for bod­i­ly injury.
12.2 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
13.1 Ani­mals may only be brought to the accom­mo­dat­ing estab­lish­ment with the pri­or con­sent of the Pro­pri­etor and against extra remu­ner­a­tion.
13.2 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.
13.3 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.
13.4 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.
13.5 Ani­mals shall not be per­mit­ted to enter the lounges, saloons, restau­rants and well­ness zones.

§ 14 Pro­lon­ga­tion of the accom­mo­da­tion
14.1 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.
14.2 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
15.1 If the Accom­mo­da­tion Agree­ment has been made for a def­i­nite term, it shall end upon the expiry of such term.
15.2 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.
15.3 Upon the death of a Guest, the Agree­ment with the Pro­pri­etor shall become extinct.
15.4 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. 15.5 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 oth­er-wise 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).
15.6 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
16.1 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.
16.2 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.
16.3 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
17.1 The place of per­for­mance shall be the place where the accom­mo­dat­ing estab­lish­ment is sit­u­at­ed.
17.2 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.
17.3 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.
17.4 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.
17.5 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
18.1 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.
18.2 Any dec­la­ra­tions shall be received by the oth­er par­ty by the last day of the time lim­it (12.00 mid­night).
18.3 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.
18.4 If any gaps arise in rela­tion with the Agree­ment, the applic­a­ble legal pro­vi­sions shall apply.

Schlummer Atlas