Terms and Conditions

§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 23 September 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.

§2 Definitions

2.1 Definitions:

Accommodation provider: A natural or legal person who provides accommodation to guests in return for payment.
Guest: A natural person who makes use of accommodation. The guest is usually also the contracting party. Persons travelling with 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: These terms are to be understood in accordance with the Consumer Protection Act 1979, as amended.
Accommodation contract: This is the contract concluded between the accommodation provider and the contracting party, the content of which is specified in more detail below.

§3 Conclusion of contract – deposit

3.1 The accommodation contract is concluded when the accommodation provider accepts the contractual partner’s order. Electronic declarations are deemed to have been received when the party for whom they are intended can access them under normal circumstances and access takes place during the accommodation provider’s stated business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the contracting party makes a deposit. In this case, the accommodation provider is obliged to inform the contracting party of the required deposit before accepting the contracting party’s order.

3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) before the accommodation. The costs of the money transaction (e.g. transfer fees) shall be borne by the contracting party.

3.4 The advance payment is a partial payment of the agreed remuneration.

§4 Start and end of accommodation

4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to check into the rented rooms from 4 p.m. on the agreed day (“day of arrival”).

4.2 If a room is first occupied before 6 a.m., the previous night counts as the first night.

4.3 The rented rooms must be vacated by the contracting party by 10 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the accommodation provider

5.1 If the accommodation contract provides for a deposit and the contractual partner has not paid the deposit on time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.

5.2 If the guest does not arrive 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 contracting party has made a deposit, the premises shall remain reserved until 12 noon on the day following the agreed arrival date at the latest.

5.4 Up to 3 months before the agreed arrival date of the contracting party, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration.

Cancellation by the contracting party – cancellation fee

5.5 The 14-day right of withdrawal for internet bookings pursuant to Section 18 (1) No. 10 FAGG does not apply.

5.6 The accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee up to 3 months before the agreed arrival date of the guest at the latest.

5.7 Outside the period specified in § 5.6, cancellation is only possible upon payment of the following cancellation fees:

General cancellation conditions:

Up to 1 month before the date of arrival: free of charge
up to 7 days before the arrival date: 70% of the total package price
in the last week before the arrival date: 90% of the total package price
in case of late arrival and/or early departure: 100% of the package price

Impediments to arrival

5.8 If the contracting party is unable to arrive on the day of arrival because all means of travel are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, pandemic lockdown, etc.), the contracting party is obliged to pay the agreed fee. In this case, the accommodation provider will issue the contracting party with a voucher for the same amount. The voucher holder is not entitled to a cash payment.

5.9 The obligation to pay the fee for the booked stay shall be reinstated as soon as travel becomes possible again within three days.

§6 Provision of alternative accommodation

6.1 The accommodation provider may provide the contracting party or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 An objective justification exists, for example, if the room has become unusable, guests who have already checked in extend their stay, there is overbooking or other important operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

§7 Rights of the contracting party

7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests for use without special conditions, and to the usual service. The contracting party shall exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

§8 Obligations of the contracting party

8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts and statutory value added tax at the latest upon departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the current exchange rate as far as possible.

8.3 The contracting party is liable to the accommodation provider for any damage caused by them, the guest or other persons who, with the knowledge or consent of the contracting party, make use of the accommodation provider’s services.

8.4 Parties and events with music and with more than 4 persons are only permitted with express written permission.

§9 Rights of the accommodation provider

9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears with payment, the accommodation provider shall be entitled to the statutory right of retention in accordance with § 970c ABGB (Austrian Civil Code) and the statutory lien in accordance with § 1101 ABGB on the items brought in by the contracting party or the guest.

9.2 If the service is requested in the contracting party’s room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the accommodation provider is entitled to charge a special fee for this.

9.3 The accommodation provider is entitled to settle accounts or issue interim invoices for their services at any time.

§10 Obligations of the accommodation provider

10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with its usual standards.

10.2 Special services that are subject to a surcharge and are not included in the accommodation fee include, for example: special accommodation services such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage parking, etc.; a reduced price is charged for the provision of additional beds or children’s beds.

§11 Liability of the accommodation provider for damage to items brought in

11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB (Austrian Civil Code) 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 persons authorised by the accommodation provider or have been taken to a location designated by them.

11.2 The accommodation provider’s liability is excluded for slight negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. Consequential or indirect damage and loss of profit shall not be compensated under any circumstances.

11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of €550.

11.4 The accommodation provider may refuse to store valuables, money and securities if they are significantly more valuable than items usually stored by guests of the accommodation provider in question.

11.5 In all cases of accepted storage, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage incurred upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of becoming aware of them; otherwise, the right expires.

§12 Limitations of liability

12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence, with the exception of personal injury, is excluded.

12.2 If the contracting party is an entrepreneur, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits are not compensated.

§13 Keeping of animals

13.1 No animals may be brought along without exception.

13.2 The contracting party who brings an animal with them is obliged to keep and supervise this animal properly during their stay or to have it kept and supervised by a suitable third party at their own expense.

13.3 If animals are nevertheless brought along, this may only be done with the express written permission/consent of the accommodation provider and, if necessary, for a special fee.

13.4 If the contracting party surprises the accommodation provider with an animal they have brought with them, the accommodation provider has the right to withdraw from the contract with immediate effect.

13.5 The contracting party or guest who brings an animal with them must have appropriate animal liability insurance or private liability insurance. Proof of the relevant insurance must be provided at the request of the accommodation provider.

13.6 The contracting party or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along.

§14 Extension of accommodation

14.1 The contracting party has no right to have their stay extended. If the contracting party announces their wish to extend their stay in good time, the accommodation provider may agree to the extension. The accommodation provider is under no obligation to do so.

14.2 If the contracting party is unable to leave the accommodation on the day of departure because all means of departure are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure.

§15 Termination of the accommodation contract – premature termination

15.1 If the accommodation contract was concluded for a specific period, it shall end upon expiry of that period.

15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed remuneration. The accommodation provider will deduct what he saves as a result of the non-utilisation of his services or what he has received from renting the booked rooms to other parties.

15.3 The contract with the accommodation provider shall end upon the death of a guest.

15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10 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 good cause, in particular if the contracting party or guest makes significantly detrimental use of the premises; is afflicted with a contagious disease; or fails to pay the invoices presented within a reasonable period (3 days) after they become due.

15.6 If the fulfilment of the contract becomes impossible due to an event that can be considered force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period.

§16 Illness or death of the guest

16.1 If a guest falls ill during their stay at the accommodation, the accommodation provider shall arrange for medical care at the guest’s request. In case of imminent danger, the accommodation provider shall arrange for medical care even without the guest’s specific request.

16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense.

16.3 The accommodation provider shall be entitled to claim compensation from the contracting party and the guest or, in the event of death, from their legal successors, in particular for the following costs: outstanding medical expenses, costs for patient transport, medication and medical aids; necessary room disinfection; unusable laundry, bed linen and bedding; restoration of walls, furnishings, carpets, etc.; room rental and any other damages.

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

17.1 The place of performance is the location of the accommodation provider.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law and the UN Convention on Contracts for the International Sale of Goods.

17.3 The exclusive place of jurisdiction in bilateral business transactions between entrepreneurs is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other locally and materially competent court.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction.

§18 Miscellaneous

18.1 Unless otherwise specified in the above provisions, a period shall commence upon delivery of the document stipulating the period to the contractual partner.

18.2 Declarations must be received by the other contracting party on the last day of the period (midnight).

18.3 The accommodation provider is entitled to offset the contractual partner’s claims against its own claims. The contractual partner is not entitled to offset its own claims against the accommodation provider’s claims unless the accommodation provider is insolvent or the contractual partner’s claim has been established by a court of law or recognised by the accommodation provider.

18.4 In the event of loopholes in the regulations, the relevant statutory provisions shall apply.

Place of jurisdiction: Neunkirchen Version: March 2025

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