General Terms and Conditions for the Hotel Industry 2006 (AGHB 2006)

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 used for the first time before 6 a.m., the previous night counts as the first night’s stay.
4.3 The rented rooms must be vacated by the contracting party by 12 noon 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.

5.1 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 arrival date, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), the accommodation shall remain reserved until 12 noon on the day following the agreed arrival date at the latest. In the case of advance payment for 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 arrival date.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the Party, unless otherwise agreed.
5.5 The accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party no later than 3 months before the agreed arrival date of the guest.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
– up to 1 month before the arrival date, 40% of the total package price;
– up to 1 week before the arrival date, 70% of the total package price;
– in the last week before the arrival date, 90% of the total package price.
up to 3 months: no cancellation fees
3 months to 1 month: 40%
1 month to 1 week: 70%
Last week: 90%
Impediments to arrival
5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival because all means of arrival are impossible due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.), 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 shall resume as soon as travel becomes possible again within three days.

6.1 The accommodation provider may provide the contracting party or guests with adequate alternative 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(s) has/have become unusable, guests who are already accommodated 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.

7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment that are customarily accessible to the guests for use without special conditions, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

8.1 The contracting party is obliged to pay the agreed remuneration plus any additional amounts incurred due to separate services used by him and/or his accompanying guests, plus statutory sales 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. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or consent of the contracting party, receive services from 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 pursuant to § 970c ABGB (Austrian Civil Code) and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien shall also entitle the accommodation provider to secure his claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for compensation of any kind.
9.2 If the service is requested in the contractual partner’s room or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to settle accounts or issue interim invoices for their services at any time.

10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with their usual standards.
10.2 Examples of special services provided by the accommodation provider that are subject to a surcharge and are not included in the accommodation fee are:
a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage parking, etc.;
b) A reduced price is charged for the provision of additional beds or cots.

11.1 Der Beherberger haftet gemäß §§ 970 ff ABGB für die vom Vertragspartner eingebrachten Sachen. Die Haftung des Beherbergers ist nur dann gegeben, wenn die Sachen dem Beherberger oder den vom Beherberger befugten Leuten übergeben oder an einen von diesen angewiesenen oder hiezu bestimmten Ort gebracht worden sind. Sofern dem Beherberger der Beweis nicht gelingt, haftet der Beherberger für sein eigenes Verschulden oder das Verschulden seiner Leute sowie der aus- und eingehende Personen. Der Beherberger haftet gemäß § 970 Abs 1 ABGB höchstens bis zu dem im Bundesgesetz vom 16. November 1921 über die Haftung der Gastwirte und anderer Unternehmer in der jeweils geltenden Fassung festgesetzten Betrag. Kommt der Vertragspartner oder der Gast der Aufforderung des Beherbergers, seine Sachen an einem besonderen Aufbewahrungsort zu hinterlegen nicht unverzüglich nach, ist der Beherberger aus jeglicher Haftung befreit. Die Höhe einer allfälligen Haftung des Beherbergers ist maximal mit der Haftpflichtversicherungssumme des jeweiligen Beherbergers begrenzt. Ein Verschulden des Vertragspartners oder Gastes ist zu berücksichtigen.
11.2 Die Haftung des Beherbergers ist für leichte Fahrlässigkeit ausgeschlossen. Ist der Vertragspartner ein Unternehmer wird die Haftung auch für grobe Fahrlässigkeit ausgeschlossen. In diesem Fall trägt der Vertragspartner die Beweislast für das Vorliegen des Verschuldens. Folgeschäden oder indirekte Schäden sowie entgangene Gewinne werden keinesfalls ersetzt.
11.3 Für Kostbarkeiten, Geld und Wertpapiere haftet der Beherberger nur bis zum Betrag von derzeit € 550,–. Der Beherberger haftet für einen darüber hinausgehenden Schaden nur in dem Fall, dass er diese Sachen in Kenntnis ihrer Beschaffenheit zur Aufbewahrung übernommen hat oder in dem Fall, dass der Schaden von ihm selbst oder einen seiner Leute verschuldet wurde. Die Haftungsbeschränkung gemäß 12.1 und 12.2 gilt sinngemäß.
11.4 Die Verwahrung von Kostbarkeiten, Geld und Wertpapieren kann der Beherberger ablehnen, wenn es sich um wesentlich wertvollere Gegenstände handelt, als Gäste des betreffenden Beherbergungsbetriebes gewöhnlich in Verwahrung geben.
11.5 In jedem Fall der übernommenen Aufbewahrung ist die Haftung ausgeschlossen, wenn der Vertragspartner und/oder Gast den eingetretenen Schaden ab Kenntnis nicht unverzüglich dem Beherberger anzeigt. Überdies sind diese Ansprüche innerhalb von drei Jahren ab Kenntnis oder möglicher Kenntnis durch den Vertragspartner bzw Gast gerichtlich geltend zu machen; sonst ist das Recht erloschen.

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 damages, immaterial damages, or indirect damages, as well as lost profits, are not compensated. In any case, the damage to be compensated is limited to the amount of the interest in reliance.

13.1 Animals may only be brought to the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.
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 The contractual partner or guest who brings an animal with them must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.
13.4 The contracting party or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. The damage shall also include, in particular, any compensation payments that the accommodation provider has to make to third parties.
13.5 Animals are not allowed in the salons, social rooms, restaurant rooms, and wellness areas.

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 extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation facility on the day of departure because all departure options 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. A reduction in the fee for this period is only possible if the contracting party is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the price usually charged in the low season.

15.1 If the accommodation contract was concluded for a specific period, it shall end upon expiry of this period.
15.2 If the contracting party leaves 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-use of his services or what he has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation provider is fully occupied at the time of non-use of the rooms booked by the guest and the rooms can be rented to other guests due to the cancellation by the contracting party. The burden of proof for the savings shall be borne by the contracting party.
15.3 The contract with the accommodation provider shall end upon the death of a guest.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate 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 good cause, in particular if the contracting party or the guest

• makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
• is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
• fails to pay the invoices submitted when due within a reasonably set period (3 days)

15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the Party shall be excluded.

16.1 If a guest falls ill during their stay at the accommodation, the accommodation provider will arrange for medical care at the guest’s request. In case of imminent danger, the accommodation provider will arrange for medical care even without the guest’s specific request, especially 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 the guest’s relatives cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, the scope of these care measures shall end at the point in time when the guest is able to make decisions or the relatives have been notified of the illness.
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 costs, costs for patient transportation, medication and medical aids
• room disinfection has become necessary,
• linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
• Restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
• Room rent, insofar as the room has been used by the guest, plus any days on which the rooms cannot be used due to disinfection, evacuation or similar,
• any other damage incurred by the accommodation provider.

17.1 The place of performance shall be the place where the accommodation establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their 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 whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.

18.1 Unless otherwise specified in the above provisions, a period shall commence upon delivery of the document stipulating the period to the contracting party who is required to observe the period. When calculating a period determined by days, the day on which the event or occurrence that determines the start of the period falls shall not be included. Periods determined by weeks or months refer to the day of the week or month which, by its name or number, corresponds to the day from which the period is to be counted. If this day does not exist in the month, the last day of that month shall be decisive.
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 recognized by the accommodation provider.
18.4 In the event of loopholes in the regulations, the relevant statutory provisions shall apply.