GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Version dated November 15, 2006
Table of contents
§ 1 Scope of application
§ 2 Definitions
§ 3 Conclusion of contract – deposit
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract – cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contracting party
§ 8 Obligations of the contracting party
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to items brought onto the premises
§ 12 Limitations of liability
§ 13 Keeping of animals
§ 14 Extension of accommodation
§ 15 Termination of the accommodation contract – Premature 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 does not exclude special agreements. The AGBH 2006 is subsidiary to agreements made in individual cases.
§ 2 Definitions
2.1 Definitions of terms:
"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 traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests.
"Contractual partner": 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 – Down payment
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 down payment. In this case, the accommodation provider is obliged to inform the contracting party of the required down payment before accepting the contracting party's written or verbal order. If the contracting party agrees to the advance payment (in writing or verbally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent to pay the advance payment by the accommodation provider.
3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) before the accommodation. The costs for the money transaction (e.g. transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
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 4:00 p.m. on the agreed day ("day of arrival").
4.2 If a room is used for the first time before 6:00 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 Withdrawal from the accommodation contract – Cancellation fee
Cancellation 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 6:00 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 contractual partner has made a down payment (see 3.3), the premises shall remain reserved until 12 noon at the latest on the day following the agreed arrival date. 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 date of arrival.
5.4 The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by unilateral declaration no later than 3 months before the agreed arrival date of the contracting party, unless otherwise agreed.
Withdrawal by the contracting party – Cancellation fee
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 contractual partner 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.
- 90% of the total package price in the last week before the arrival date.
Up to 3 months: no cancellation fees
3 months to 1 month: 40%
1 month to 1 week: 70%
In the last week: 90%
Travel disruptions
5.7 If the contracting party is unable to arrive at the accommodation facility on the day of arrival because all means of travel 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 for the booked stay shall resume as soon as arrival 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 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 have already checked in extend their stay, there is overbooking, or other important operational measures necessitate this step.
6.3 Any additional expenses incurred for the replacement accommodation shall be borne by the accommodation provider.
§ 7 Rights of the Contractual Partner
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests for use without special conditions, and the customary service.
The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contractual Partner
8.1 The contracting party is obliged to pay the agreed remuneration plus any additional amounts incurred as a result of separate services used by him and/or his accompanying guests, plus statutory sales tax, at the latest at the time of 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 contractual partner 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, make use of the accommodation provider's services.
§ 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 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 issue an invoice or interim invoice for their services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obligated 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 pool, swimming pool, solarium, garage parking, etc.;
b) A reduced price will be charged for the provision of extra beds or cots.
§ 11 Liability of the accommodation provider for damage to items brought onto the premises
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 shall only be liable if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider or have been taken to a place designated or specified by them. If the accommodation provider is unable to provide proof, the accommodation provider shall be liable for its own negligence or the negligence of its employees and persons entering and leaving the premises. The accommodation provider is liable in accordance with § 970 (1) ABGB (Austrian Civil Code) up to a maximum of the amount specified 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 place, the accommodation provider is released from any liability.
The amount of any liability on the part of the accommodation provider is limited to the maximum amount covered by the accommodation provider's liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contractual partner is an entrepreneur, liability for gross negligence is also excluded. 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 accommodation provider shall only be liable for valuables, money, and securities up to the current amount of €550. The accommodation provider shall only be liable for any damage exceeding this amount if they have accepted these items for safekeeping in full knowledge of their nature or if the damage was caused by themselves or one of their employees. The limitation of liability pursuant to 12.1 and 12.2 applies mutatis mutandis.
11.4 The accommodation provider may refuse to store valuables, money, and securities if these items are significantly more valuable than those usually stored by guests of the accommodation establishment in question.
11.5 In all cases of accepted storage, liability is excluded if the contracting party 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 the contracting party or guest becoming aware or possibly becoming aware of the damage; 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 damages, immaterial damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the damage to be compensated is limited to the amount of the interest in reliance.
§ 13 Keeping animals
13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, for an additional fee.
13.2 The contractual partner who brings an animal with them is obliged to keep this animal properly and supervise it 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 personal 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 permitted in the salons, social rooms, restaurant areas, or wellness areas.
§ 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 extend the accommodation contract. The accommodation provider is under no obligation to do so.
15. Payment and payment terms
14.2 If the contracting party is unable to leave the accommodation facility 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. 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 Termination of the accommodation contract – Early 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 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 reserved 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 ordered 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 ends 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 10:00 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 contractual partner or guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive, or otherwise grossly inappropriate behavior, spoils the coexistence of the other guests, the owner, his staff, or third parties residing in the accommodation facility, or is guilty of a punishable offense against the property, morality, or physical safety of these persons;
b) contracts a contagious disease or a disease that extends beyond the duration of the accommodation, or otherwise requires care;
c) the invoices submitted are not paid within a reasonable period (3 days) of the due date.
15.6 If the fulfillment of the contract becomes impossible due to an event that can be considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.) makes it impossible to fulfill the contract, the accommodation provider may terminate the accommodation contract at any time without observing a period of notice, provided that the contract is not already considered terminated by law or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages, etc. by the contracting party are excluded.
§ 16 Illness or death of the guest
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 will arrange for medical treatment at the guest's expense. However, the scope of these care measures ends 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:
a) outstanding medical expenses, costs for patient transport, medication, and medical aids
b) necessary room disinfection
c) laundry, bed linen, and bedding that has become unusable, or 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 room was used by the guest, plus any days during which the rooms were unusable due to disinfection, clearance, or similar,
f) 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 is the location of the accommodation provider.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the IPRG and the EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions between entrepreneurs is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other local and competent court.
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 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 local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for legal action against the consumer.
§ 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 contracting party who is required to observe the period. When calculating a period specified in days, the day on which the event or occurrence that determines the start of the period falls shall not be included. Time limits 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 time limit 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 acknowledged by the accommodation provider.
18.4 In the event of any gaps in the provisions, the relevant statutory provisions shall apply.
