ELVA
Premium Apartment Hotel.

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

Version dated 11/15/2006

Table of contents

§ 1 Scope of application
§ 2 Definitions of terms
§ 3 Conclusion of contract – down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the Accommodation Agreement – Cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contractual partner
§ 8 Obligations of the contractual partner
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to property brought in
§ 12 Limitations of liability
§ 13 Animal husbandry
§ 14 Extension of the accommodation
§ 15 Termination of the accommodation contract – early termination
§ 16 Illness or death of the guest in the accommodation contract
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Miscellaneous

§ 1 Scope of application

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 Definitions of terms

2.1 Definitions of terms:
“Accommodation provider”: is a natural or legal person who accommodates guests in return for payment.
“Guest”: is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Persons traveling with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Party”: A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “company”: 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 contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of contract – down payment

3.1 The Accommodation Agreement shall come into effect upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement under the condition that the Party makes a down payment. In this case, 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 concluded upon receipt by the Proprietor of the Party’s declaration of consent regarding the payment of the down payment.
3.3 The Party shall be obliged to pay the deposit no later than 7 days (receipt) prior to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment of the agreed fee.

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to occupy the rented rooms from 4 p.m. on the agreed day (“Arrival Day”).
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the day of departure. The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated by the deadline.

§ 5 Withdrawal from the Accommodation Agreement – Cancellation fee
Withdrawal by the accommodation provider

5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting 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), the rooms shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In the case of advance payments of more than four days, the obligation to provide accommodation shall end 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 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.
Withdrawal by the contractual partner – cancellation fee
5.5 The accommodation contract may be terminated by unilateral declaration by the contracting party no later than 3 months before the agreed date of arrival of the guest without payment of a cancellation fee
5.6 Outside the period specified in § 5.5., withdrawal by unilateral declaration by the contractual partner is only possible subject to payment of the following cancellation fees:
– up to 1 month before the date of arrival 40% of the total package price;
– up to 1 week before the date of arrival 70% of the total package price;
– in the last week before the date of arrival 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%
In the last week: 90%
Obstacles to arrival
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.

§ 6 Provision of alternative accommodation

6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular 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 already accommodated extend their stay, there is an 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 contractual partnera

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 Obligations of the contractual partner

8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services from the Proprietor with the knowledge or will of the Party.

§ 9 Rights of the accommodation provider

9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If service is requested in the room of the Party or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the Proprietor shall be entitled to charge a special fee for this. However, this special charge shall be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its services at any time.

§ 10 Obligations of the accommodation provider

10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor that are not included in the accommodation fee and that are subject to the obligation to pay a fee are listed as examples:
a) Special accommodation services which may be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc;
b) A reduced price will be charged for the provision of additional beds or cribs.

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

11.1 The Proprietor shall be liable pursuant to §§ 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees and the outgoing and incoming persons. Pursuant to § 970 (1) ABGB, the Proprietor shall be liable up to a maximum of the amount stipulated in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a special storage location, the accommodation provider shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the contractual partner or guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an entrepreneur, liability for gross negligence shall also be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are significantly more valuable than those usually deposited by guests of the accommodation establishment in question.
11.5 In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor of the damage incurred without undue delay after becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall lapse.

§ 12 Limitations of liability

12.1 If the Party is a Consumer, the Proprietor’s liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2 If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.

§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, for a special fee
13.2 The contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense.
13.3 The Party or Guest bringing along an animal shall have appropriate animal liability insurance or personal liability insurance that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.
13.5 Animals are not permitted in the lounges, lounges, restaurant rooms and wellness areas.

§ 14 Extension of the accommodation

14.1 The Party shall not be entitled to an extension of their stay. If the Party notifies the Proprietor of its desire to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) and all departure options are closed or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The accommodation provider shall be entitled to demand at least the fee that corresponds to the price usually charged in the low season.

§ 15 Termination of the accommodation contract – early termination

15.1 If the Accommodation Agreement was concluded for a fixed term, it shall end upon expiry of the term.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms ordered by the guest are not used and the room can be rented to other guests due to the contracting party’s cancellation. The burden of proof of the savings shall be borne by the contracting party.
15.3 The contract with the Proprietor 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 Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the 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 Illness or death of the guest

16.1 If a guest falls ill during his/her stay at the accommodating establishment, the accommodation provider shall provide medical care at the guest’s request. If there is imminent danger, the Proprietor shall arrange for medical care even without a special request by the Guest, in particular 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 Guest’s relatives cannot be contacted, the Proprietor shall provide medical treatment at the Guest’s expense. However, the scope of these care measures shall end at the time at which the guest is able to make decisions or the relatives have been notified of the case of illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:
  • 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 Place of performance, place of jurisdiction and choice of law

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 Miscellaneous

18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based shall not be included. Time limits determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.
18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).
18.3 The Proprietor shall be entitled to offset its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.