GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006
Version of 15.11.2006
§ 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 23 September 1981.
1.2 The AGBH 2006 does 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 provides accommodation for guests against payment.
"Guest": is a natural person who uses accommodation As a rule, the guest is also the contractual partner. Persons who arrive with the contractual partner (e.g. family members, friends etc) are also considered guests.
"Contractual Partner": is a natural or legal person in Switzerland or abroad who concludes an accommodation contract as a guest or for a guest.
"Consumer" and "entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
"Accommodation Agreement": 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 by the acceptance of the order of the
contract partner by the accommodation provider. Electronic declarations shall be deemed to have been received if the party for whom they are intended can call them up under normal circumstances and the receipt takes place during the announced business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement subject to the condition that the Party shall make a down payment. In this case, the Proprietor shall be obliged to notify the Party of the required advance payment before accepting the written or oral order of the Party. If the Party declares its agreement to the advance payment (in writing or orally), the Accommodation Agreement shall come into effect upon receipt by the Proprietor of the Party's declaration of consent to the payment of the advance payment.
3.3 The contractual partner is obliged to pay the deposit at the latest 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards the respective conditions of the card companies apply.
3.4 The down payment is a partial payment on the agreed remuneration.
§ 4 Beginning and end of accommodation
4.1 Unless the Proprietor offers another reference time, 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 taken up for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 12.00 noon on the day of departure. The Proprietor shall be entitled to stay an additional day in
invoice if the rented rooms are not cleared in time.
§ 5 Withdrawal from the accommodation contract - cancellation fee
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and the down payment was not made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, there is no obligation to accommodate, unless a later time of arrival has been agreed.
5.3 If the contractual partner has made a down payment (see 3.3), the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In case of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.
5.4 The Proprietor may terminate the Accommodation Agreement by unilateral declaration by the Proprietor for objectively justified reasons 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 Up to 3 months before the agreed date of arrival of the Guest at the latest, the Accommodation Agreement may be terminated by the Party by unilateral declaration by the Party without payment of a cancellation fee.
5.6 Outside the period of time specified in § 5.5. a withdrawal by unilateral declaration of the contractual partner is only possible by paying the following cancellation fees:
- up to 1 month before the day of arrival 40 % of the total package price;
- until 1 week before arrival 70 % of the total package price;
- in the last week before the day of arrival 90 % of the total package price.
Obstacles to arrival
5.7 If the Party is unable to appear 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 is revived from the time of arrival if the journey becomes possible again 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) if this is reasonable for the Party, especially if the difference is minor and objectively justified.
6.2 A factual justification is given, for example, if the room(s) has (have) become unusable, guests who have already been accommodated have
extend your stay, overbooking exists or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the contracting party
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, which are accessible to the guests in the usual manner and without special conditions, and to the usual service. The contractual partner must 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, which are based on separate agreements, at the latest at the time of departure.
The customer shall pay for all services used by him and/or the guests accompanying him plus statutory value added tax.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such currencies 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 Proprietor or the Guest or any other person who, with the knowledge or will of the Party, receives services from the Proprietor.
§ 9 Rights of the accommodation provider
9.1 If the Party refuses to pay the agreed remuneration or is in arrears with the payment, the Proprietor shall have the legal right of retention in accordance with § 970c of the Austrian Civil Code (ABGB) and the legal right of lien in accordance with § 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. Furthermore, the Proprietor shall be entitled to this right of retention or lien to secure its claims arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for possible claims for damages of any kind.
9.2 If the service is requested in the Party's room or at unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall
is entitled to demand a special fee for this. However, this extra charge must be indicated on the room price board. The hotelier may offer these services
for operational reasons.
9.3 The Proprietor shall be entitled 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 subject to an obligation to make an award and that are not included in the Accommodation Fee shall be exemplary:
a) Special services of the accommodation, which can be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium, garage, etc;
(b) a reduced price is charged for the provision of additional beds or cots.
§ 11 Liability of the accommodation provider for damages to brought stuff
11.1 The Proprietor shall be liable in accordance with §§ 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 authorised by the Proprietor or brought to a place instructed or designated by them. If the Proprietor is unable to provide proof, the Proprietor shall be liable for its own fault or the fault of its people as well as the persons going in and out. The Proprietor shall be liable in accordance with § 970 Para. 1 ABGB (Austrian Civil Code) up to the maximum amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their items at a special place of storage, the Proprietor 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 Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence.
If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has taken over these items for safekeeping with knowledge of their condition or if the damage was caused by itself or one of its staff. The limitation of liability pursuant to 12.1 and 12.2 shall apply accordingly.
11.4 The Proprietor may refuse to store valuables, money and securities if such items are considerably more valuable than those usually kept by guests of the accommodating establishment concerned.
11.5 Liability shall be excluded in each case of the assumed storage if the Party and/or Guest fails to notify the Proprietor of the damage that has occurred without undue delay after becoming aware thereof. Moreover, such claims shall be asserted in court within three years from the time of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall expire.
§ 12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, except for personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor shall not be liable for slight or gross negligence. In this case, the Party shall bear the burden of proof for the existence of such fault. No compensation shall be made for consequential, immaterial or indirect damage or loss of profit. The damage to be compensated shall in any case be limited to the amount of the interest in confidence.
§ Article 13 Animal husbandry
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if applicable, for a special remuneration.
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 suitable third parties at his expense.
13.3 The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or a private liability insurance policy that also covers possible damage caused by animals. Proof of such insurance shall be provided upon request of 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. The damage shall in particular also include any compensation to be paid by the Proprietor to third parties.
13.5 Animals shall not be allowed in the salons, lounges, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party is not entitled to have its stay extended. If the Party announces its wish to extend its stay in due time, the Proprietor may consent to the extension of the Accommodation Agreement. The Proprietor shall not be obliged to do so.
14.2 If the Party cannot leave the accommodating establishment on the day of departure because all departure possibilities are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contractual partner cannot use the services offered by the accommodation company in full due to the extraordinary weather conditions. The Proprietor shall be entitled to charge at least the remuneration that corresponds to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement - Premature Termination
15.1 If the Accommodation Agreement was concluded for a specific period of time, it shall end upon expiry of that period.
15.2 If the Party leaves prematurely, the Proprietor shall be entitled to claim the full agreed remuneration. The Proprietor shall deduct what it saves by not using its services or what it has received by renting the rooms ordered elsewhere. A saving shall only be deemed to exist if the accommodation facility is fully utilised at the time of non-utilisation of the rooms ordered by the guest and the rooms can be let to other guests due to the cancellation of the Party. The burden of proof of the savings is borne by the contract partner.
15.3 The Agreement with the Proprietor shall end upon the death of a Guest.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement by 10:00 a.m. on the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the Guest
(a) makes significantly disadvantageous use of the premises or, by his reckless, offensive or otherwise grossly inappropriate behaviour towards the other guests, the owner, his staff or third parties staying in the accommodation establishment, disrupts the cohabitation or is guilty of an act against property, morality or physical safety towards these persons which is punishable by law;
(b) is afflicted by a contagious disease or a disease which extends beyond the period of accommodation, or is otherwise in need of care
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
15.6 If the performance of the contract becomes impossible due to an event to be deemed force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving notice, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodations. Any claims for damages etc. of the Party shall be excluded.
§ 16 Illness or death of the guest
16.1 If a Guest falls ill during their stay at the accommodating establishment, the Proprietor shall provide medical care at the request of the Guest. If there is imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able 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 Proprietor shall provide medical treatment at the Guest's expense. However, the scope of such care shall end at the time when 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 damages from the Party and the Guest or, in the event of their death, from their legal successors, in particular for the following costs:
(a) outstanding medical expenses, costs of patient transport, medicines and medical aids
(b) room disinfection which has become necessary,
(c) linen, bed linen and bedding which has become unfit for use, otherwise for the disinfection or thorough cleaning of all such items,
(d) restoration of walls, furniture, carpets, etc,
e) room rent, if the rooms were used by the guest, if they were contaminated or damaged in connection with the illness or death, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
f) any other damage incurred by the hotelier.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodating establishment is located.
17.2 This Agreement shall be governed by Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) and UN sales law.
17.3 The Proprietor's registered office shall be the exclusive place of jurisdiction for bilateral business transactions, whereas the Proprietor shall also be entitled to assert its rights at any other local court with jurisdiction over the subject matter.
17.4 If the Accommodation Agreement has been concluded with a Party that is a consumer and has its domicile or habitual residence in Austria, legal action against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.
17.5 If the Accommodation Agreement has been concluded with a Party that is a consumer and is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court that is competent for the consumer's domicile shall have exclusive jurisdiction for any legal action against the consumer in respect of the location and subject matter.
§ Article 18 Miscellaneous
18.1 Unless otherwise provided for in the above provisions, the period shall begin to run when the document setting the period is served on the parties, who shall observe the period. When calculating a period of time, which is determined in days, the day on which the time or event according to which the period of time is to begin shall not be counted. Periods determined by weeks or months shall refer to that day of the week or month which by its designation or number corresponds to the day of which the period 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 period (24:00 hours).
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to offset any of its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Proprietor's claim has been established by a court of law or has been accepted by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.