§ 1 scope
1.1 These general terms and conditions for the hotel industry (hereinafter “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 definitions of terms
"Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
"Guest": is a natural person who uses accommodation. The guest is usually also a contractual partner. Those guests who arrive with the contractual partner (e.g. family members, friends etc.) are also considered guests.
"Contractual partner": Is a natural or legal person from 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 will be regulated in more detail below.
§ 3 conclusion of contract
3.1 The accommodation contract is concluded when the accommodation provider accepts the contract partner's order. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access takes place during the proprietor's announced business hours.
3.2 Down payment for groups: The accommodation provider is entitled to request a down payment for a group up to 7 days before the change.
§ 4 Beginning and end of the accommodation
4.1 If the accommodation provider does not offer any other reference time, the contractual partner has the right to move into the rented rooms Monday to Thursday from 4:00 p.m. to 8:00 p.m. and Friday to Sunday from 7:00 a.m. to 12:00 p.m. on the agreed day ("arrival day"). If you arrive outside of opening hours, you can deposit your room card in the safe at any time.
4.2 If a room is used for the first time before 6 am, the previous night counts as the first night and an early check-in is charged.
4.3 The rented rooms must be vacated by the contractual partner by 11:00 a.m. on the day of departure. A late check-out is possible until 6 p.m. (half of the room price will be charged), but this must be announced, otherwise the accommodation provider is entitled to charge another day if the rented rooms are not cleared in time.
§ 5 Cancellation of the accommodation contract - cancellation fee Cancellation by the accommodation provider
5.1 If the guest does not appear by 8:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.2 The accommodation contract can be canceled by the accommodation provider by objectively justified reasons, unless otherwise agreed, at the latest 1 week before the agreed date of arrival of the contracting party, unless otherwise agreed.
Withdrawal by the contractual partner - cancellation fee hotel
5.3 Up to 1 week before the agreed arrival date of the guest, the accommodation contract can be canceled without paying a cancellation fee by a unilateral declaration by the contractual partner.
5.4 Outside the section 5.3. A specified period of time is only possible with a unilateral declaration by the contractual partner, subject to the following cancellation fees:
- 90% of the total arrangement price in the last week before the day of arrival.
- 100% will be charged on the day of arrival and no shows.
- Basic Non Refundable Rate: Non-refundable rate will be charged at 100%.
* unless otherwise booked on booking platforms.
Withdrawal by the contractual partner - event cancellation fee
|up to 1 week|
in the last week
|on the day of arrival and no shows|
|no cancellation fees*||50 %||100 %|
* unless otherwise booked on booking platforms.
Withdrawal by the contractual partner - event cancellation fee
|20 – 14 Days before the event||13 – 8 Days before the event||7 Days before the event|
|30 %||50 %||100 %|
5.5 If the contractual partner cannot appear in the accommodation facility on the day of arrival because all unforeseen 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.
5.6 The obligation to pay the payment for the booked stay comes to life again from the date of arrival if the arrival is possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider can provide the contractual partner or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room (s) has (have) become unusable, guests who have already stayed are extending 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 the normal use of the rented rooms, the facilities of the accommodation company, which are accessible to guests in the usual way and without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and / or guest guidelines.
§ 8 Obligations of the contract partner
8.1 Der Vertragspartner ist verpflichtet, spätestens zum Zeitpunkt der Abreise das vereinbarte Entgelt zuzüglich etwaiger Mehrbeträge, die auf Grund gesonderter Leistungsinanspruchnahme durch ihn und/oder die ihn begleitenden Gästen entstanden sind zuzüglich gesetzlicher Umsatzsteuer zu bezahlen.
8.2 Der Beherberger ist nicht verpflichtet, Fremdwährungen zu akzeptieren. Akzeptiert der Beherberger Fremdwährungen, werden diese nach Tunlichkeit zum Tageskurs in Zahlung genommen. Sollte der Beherberger Fremdwährungen oder bargeldlose Zahlungsmittel akzeptieren, so trägt der Vertragspartner alle damit zusammenhängenden Kosten, etwa Erkundigungen bei Kreditkartenunternehmungen, usw.
8.3 Der Vertragspartner haftet dem Beherberger gegenüber für jeden Schaden, den er oder der Gast oder sonstige Personen, die mit Wissen oder Willen des Vertragspartners Leistungen des Beherbergers entgegennehmen, verursachen.
§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the conditional fee or is in arrears with it, the accommodation provider has the statutory right of retention in accordance with § 970c ABGB and the statutory lien in accordance with. § 1101 ABGB to the things 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 The accommodation provider has the right to billing or interim billing of its services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider 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 labeling and are not included in the accommodation fee are examples:
- a) Special accommodation services that can be billed separately, such as early check-in, late check-out and laundry service;
- b) a reduced price is charged for the provision of additional beds or cots.
§ 11 Liability of the accommodation provider for damage to objects brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider is only liable if the goods have been handed over to the accommodation provider or to the people authorized by the accommodation provider or have been brought to a location specified or designated by them. If the accommodation provider fails to provide proof, the accommodation provider is liable for his own fault or for the fault of his people and the outgoing and incoming persons. The accommodation provider is liable according to § 970 Abs. 1 ABGB up to the amount specified in the federal law of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the currently applicable version. If the contracting partner or the guest does not immediately comply with the request of the accommodation provider 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 the liability insurance sum of the respective accommodation provider. The fault of the contractual partner or guest must be taken into account.
11.2 The liability of the accommodation provider is excluded for slight negligence. If the contractual partner is an entrepreneur, liability for gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damage as well as lost profits will never be replaced.
11.3 The accommodation provider is only liable for valuables, money and securities up to the amount of currently € 550. The accommodation provider is only liable for any further damage if he has taken over these items for safekeeping, or if 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 store valuables, money and securities if the items in question are much more valuable than the guests of the accommodation company concerned usually put into storage.
11.5 Liability is excluded in any case of the assumed storage if the contractual partner and / or guest does not immediately notify the accommodation provider of the damage that has occurred. In addition, these claims must be asserted in court within one year of becoming known or possible knowledge by the contractual partner or guest; otherwise the right has expired.
§ 12 Limitation 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 liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. In any case, the damage to be replaced is limited by the amount of trust.
§ 13 Animals in the Hotel
13.1 Animals are not allowed.
§ 14 Extension of accommodation
14.1 The contractual partner is not entitled 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 has no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure because all unforeseen circumstances (e.g. extreme snowfall, flooding, etc.) block all departure options or cannot be used, the accommodation agreement is automatically extended for the duration of the impossibility of departure, provided that a room is available. A reduction of the fee for this time is only possible if the contractual partner cannot use the services offered by the accommodation company to the full due to the extraordinary weather conditions.
§ 15 Termination of the accommodation contract - early termination
15.1 If the accommodation contract was concluded for a certain period of time, it ends at the end of time.
15.2 If the contractual partner leaves prematurely, the accommodation provider is entitled to demand the full agreed fee.
15.3 The contract with the accommodation provider ends upon the death of a guest.
15.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for an important reason, especially if the contractual partner or the guest
- a) makes considerable disadvantageous use of the premises or, through his reckless, offensive or otherwise grossly improper conduct, disguises the other guests, the owner, his people or the third parties living in the accommodation facility from living together or from doing so in an act threatening punishment guilty of property, morality or physical security;
- b) is infected by an infectious disease or a disease that extends beyond the duration of the stay, or is otherwise in need of care;
- c) the invoices are not paid when due within a reasonable period (3 days).
- d) the premises are damaged.
- e) smokes in unsuitable areas.
15.5 If the fulfillment of the contract becomes impossible due to an event that is to be regarded as force majeure (e.g. elementary events, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, unless the contract has already been terminated by law applies, or the accommodation provider is exempt 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 provide medical treatment at the guest's expense. However, the scope of these care measures ends when the guest can make decisions or the relatives have been informed of the illness.
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 successor, in particular for the following costs:
- a) Open medical expenses, costs for patient transport, medication and medical aids
- b) room disinfection that has become necessary,
- c) laundry, bed linen and bedding 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 have been contaminated or damaged in connection with the illness or death,
- e) Room rental, insofar as the space was used by the guest, plus any days in which the rooms cannot be used due to disinfection, evacuation, etc.,
- f) any other damage to 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 is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and UN sales law.
17.3 The exclusive place of jurisdiction in the bilateral business is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert his rights at any other local and factually competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and who is domiciled or habitually resident in Austria, complaints against the consumer can only be brought in at the domicile, the habitual place of residence or the place of employment of the consumer.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and resides 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.
§ 18 Miscellaneous
18.1 The maximum liability for valuables brought in by hotel guests, such as pictures, cash, etc., is up to the hotel's liability insurance amount. Objects of personal need that serve to satisfy various material and cultural needs are not considered to be valuables, although they can be of great value (e.g. cameras, video cameras, CD players, fur coats, etc.). The hotel cannot replace these items.
18.2 Items left behind by the contracting party, insofar as they exceed a value of EUR 10.00, will only be forwarded upon request at the latest 14 days after the hotel stay, at the risk and expense of the contracting party. Afterwards, the objects, if there is a recognizable value, are handed in or disposed of at the lost property office.
18.3 Regular internet use is possible free of charge in the hotel and in the event area. The inoperability or the failure of the line does not constitute a reason for invoice reduction and the hotel assumes no liability.
18.4 If the hotel rooms and the entire facility are defaced, we allow ourselves to charge a cleaning fee. Furthermore, the hotel is a non-smoking hotel, in the event of non-compliance with the smoking ban, we charge a gross daily room rate plus any costs for special cleaning and fire damage.