§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB as amended on 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed arrangements.

§ 2 Definitions
2.1 Definitions:

• “Proprietor”: A natural or legal person who accommodates guests against payment.

• “Guest”: A natural person who makes use of accommodation. The Guest is usually also the Contracting Party. Persons accompanying the Contracting Party (e.g. family members, friends, etc.) are also deemed Guests.

• “Contracting Party”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as Guest or on behalf of a Guest.

• “Consumer” and “Entrepreneur”: Terms are understood within the meaning of the Austrian Consumer Protection Act (KSchG) 1979, as amended.

• “Accommodation Agreement”: The contract concluded between the Proprietor and the Contracting Party, the contents of which are regulated hereinafter.

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§ 3 Conclusion of Contract – Advance Payment
3.1 The Accommodation Agreement is concluded upon acceptance by the Proprietor of the order placed by the Contracting Party. Electronic declarations are deemed received when they can be retrieved by the party for whom they are intended under normal circumstances, and when access occurs during the published business hours of the Proprietor.
3.2 The Proprietor is entitled to conclude the Accommodation Agreement on condition that the Contracting Party makes an advance payment. In this case, the Proprietor must inform the Contracting Party of the required advance payment before accepting the written or verbal order. If the Contracting Party agrees to the advance payment (in writing or verbally), the Accommodation Agreement is concluded upon receipt by the Proprietor of the declaration of consent regarding payment of the advance payment.
3.3 The Contracting Party is obliged to pay the advance payment no later than 7 days prior to arrival (received by the Proprietor). The Contracting Party bears the costs of the money transaction (e.g. bank transfer fees). For credit and debit cards, the terms of the respective 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 Proprietor offers another check-in time, the Contracting Party has the right to occupy the rented rooms from 2:00 p.m. on the agreed day of arrival (“arrival day”).
4.2 If a room is occupied for the first time before 6:00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the Contracting Party by 11:00 a.m. on the day of departure. The Proprietor is entitled to charge an additional day if the rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee
Withdrawal by the Proprietor
5.1 If the Accommodation Agreement requires an advance payment and the Contracting Party fails to make it on time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest does not arrive by 6:00 p.m. on the agreed day of arrival, the Proprietor is not obliged to provide accommodation, unless a later arrival time was agreed.
5.3 If the Contracting Party has made an advance payment (see § 3.3), the room(s) remain reserved until no later than 11:00 a.m. on the day following the agreed arrival day. In case of prepayment of more than four days, the obligation to accommodate ends at 6:00 p.m. on the fourth day, with the arrival day counted as the first day, unless the Guest announces a later arrival date.
5.4 Up to 3 months before the agreed arrival day, the Proprietor may terminate the Accommodation Agreement for objectively justified reasons by unilateral declaration, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 Up to 3 months before the agreed arrival day, the Contracting Party may terminate the Accommodation Agreement without payment of a cancellation fee by unilateral declaration.
5.6 Outside the period defined in § 5.5, withdrawal by unilateral declaration of the Contracting Party is only possible upon payment of the following cancellation fees:

• 28 to 15 days before arrival: 50% of the total package price

• 15 to 7 days before arrival: 75% of the total package price

• Less than 7 days before arrival: 100% of the total package price

Impediments to Arrival
5.7 If the Contracting Party cannot arrive on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) making all travel options impossible, the Contracting Party is not obliged to pay the agreed fee for the day(s) of arrival.
5.8 The obligation to pay the agreed fee for the booked stay revives once arrival becomes possible, if arrival is possible within three days.
 
§ 6 Provision of a Replacement Accommodation
6.1 The Proprietor may provide the Contracting Party or the Guests with an adequate replacement accommodation (of equal quality) if this is reasonable for the Contracting Party, particularly if the deviation is minor and objectively justified.
6.2 An objective justification is for example given if the room(s) have become unusable, already accommodated guests extend their stay, an overbooking exists, or other important operational measures make this step necessary.
6.3 Any additional expenses for the replacement accommodation shall be borne by the Proprietor.

§ 7 Rights of the Contracting Party
7.1 By concluding an Accommodation Agreement the Contracting Party obtains the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are ordinarily and without special conditions available to guests, and to the usual services.
The Contracting Party shall exercise its rights in accordance with any hotel and/or guest regulations (house rules).

§ 8 Obligations of the Contracting Party
8.1 The Contracting Party is obliged to pay the agreed remuneration, plus any additional amounts arising from separate services used by him and/or the guests accompanying him, plus statutory value-added tax, at the latest upon departure.
8.2 The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall, as far as possible, be taken in payment at the daily exchange rate. If the Proprietor accepts foreign currencies or cashless means of payment, the Contracting Party shall bear all costs related thereto (e.g. inquiries with card companies, telegrams, etc.).
8.3 The Contracting Party shall be liable to the Proprietor 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 Proprietor’s services.

§ 9 Rights of the Proprietor
9.1 If the Contracting Party refuses to pay the agreed remuneration or is in arrears with payment, the Proprietor shall have the statutory right of retention pursuant to § 970c ABGB 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 also serves to secure the Proprietor’s claims arising from the Accommodation Agreement, in particular for board, other expenses incurred for the Contracting Party and any replacement claims of any kind.
9.2 If room service is requested in the Contracting Party’s room or at exceptional hours (after 8:00 p.m. and before 6:00 a.m.), the Proprietor is entitled to charge an extra fee for this. This extra fee must, however, be indicated on the room price list. The Proprietor may refuse these services for operational reasons.
9.3 The Proprietor is entitled to bill or to make interim bills for his services at any time.

§ 10 Obligations of the Proprietor
10.1 The Proprietor is obliged to provide the agreed services in a scope corresponding to his standard.
10.2 Chargeable ancillary services of the Proprietor that are not included in the accommodation price and therefore must be displayed separately include, by way of example:
a) special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage services, etc.;
b) a reduced price will be charged for the provision of extra beds or children's beds.

§ 11 Liability of the Proprietor for Items Brought In
11.1 The Proprietor shall be liable pursuant to §§ 970 ff ABGB for items brought in by the Contracting Party. The Proprietor’s liability only arises if the items were handed over to the Proprietor or to persons authorized by the Proprietor, or were brought to a place designated or instructed for that purpose by such persons. Unless the Proprietor proves otherwise, the Proprietor shall be liable for his own fault or the fault of his staff as well as for persons entering and leaving the establishment. The Proprietor’s liability is limited according to § 970 (1) ABGB to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, in the currently applicable version.
If the Proprietor requests the Contracting Party or the Guest to deposit their items in a specific storage place and they fail to do so without undue delay, the Proprietor is released from all liability.
Any liability of the Proprietor is in any case limited to the sum insured under the respective Proprietor’s liability insurance. Fault on the part of the Contracting Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Contracting Party is an entrepreneur, liability shall also be excluded for gross negligence. In this case, the Contracting Party shall bear the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits shall in no case be compensated.
11.3 For valuables, money, and securities, the Proprietor shall only be liable up to an amount of currently €400. The Proprietor shall only be liable for damage exceeding this amount if he accepted such items for safekeeping with knowledge of their nature, or if the damage was caused by himself or one of his staff. The liability limitations under 11.1 and 11.2 shall apply accordingly.
11.4 The Proprietor may refuse to accept valuables, money, and securities for safekeeping if these items are significantly more valuable than what guests of the respective establishment usually deposit.
11.5 In all cases of accepted safekeeping, liability shall be excluded if the Contracting Party and/or Guest does not immediately notify the Proprietor of the occurred damage upon gaining knowledge thereof. In addition, such claims must be asserted in court within three years from the date of knowledge or possible knowledge by the Contracting Party or Guest; otherwise, the right expires.

§ 12 Limitations of Liability
12.1 If the Contracting Party is a consumer, the Proprietor’s liability for slight negligence shall be excluded, except for personal injury.
12.2 If the Contracting Party is an entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the Contracting Party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages, indirect damages as well as lost profits shall not be compensated.
In any case, the damage to be compensated shall be limited to the extent of the reliance interest.

§ 13 Keeping of Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the Proprietor and, if necessary, against payment of an additional fee.
13.2 The Contracting Party who brings an animal is obliged to properly keep and supervise the animal during the stay or to have it kept and supervised at his own expense by suitable third parties.
13.3 The Contracting Party or Guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damages caused by animals. Proof of such insurance must be provided upon the Proprietor’s request.
13.4 The Contracting Party and/or his insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. Such damage includes in particular compensation that the Proprietor must provide to third parties.
13.5 Animals are not permitted in lounges, social rooms, restaurant areas, and wellness areas.

§ 14 Extension of Accommodation
14.1 The Contracting Party has no entitlement to extend his stay. If the Contracting Party announces in time his wish to extend the stay, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor is under no obligation to do so.
14.2 If the Contracting Party is unable to leave the accommodation establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.) that block or render all departure options unusable, the Accommodation Agreement is automatically extended for the duration of the impossibility of departure.
A reduction of the remuneration for this period shall only be possible if the Contracting Party cannot fully use the services offered by the accommodation establishment due to the exceptional weather conditions.
The Proprietor shall be entitled to charge at least the remuneration corresponding to the usual price charged during the off-season.

§ 15 Termination of the Accommodation Agreement – Early Dissolution
15.1 If the Accommodation Agreement was concluded for a fixed term, it shall end upon expiry of the agreed term.
15.2 If the Contracting Party departs early, the Proprietor is entitled to demand the full agreed remuneration. The Proprietor shall deduct what he has saved due to non-utilization of his services or what he has received by otherwise renting out the rooms ordered. Savings only occur if the accommodation establishment is fully booked at the time of non-utilization of the rooms ordered by the Guest and the room can be rented to other guests due to the cancellation by the Contracting Party. The burden of proof for the savings lies with the Contracting Party.
15.3 The contract with the Proprietor ends upon the death of the Guest.
15.4 If the Accommodation Agreement was concluded for an indefinite period, the contractual 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 Contracting Party and/or Guest:
a) makes significantly disadvantageous use of the rooms provided or by his inconsiderate, offensive, or otherwise grossly improper behavior spoils the stay of the other guests, the owner, his staff, or third parties staying at the accommodation establishment, or commits a punishable offense against property, morality, or physical safety towards these persons;
b) is afflicted by a contagious illness or a disease that extends beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay the presented invoices when due within a reasonably set period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event deemed force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without notice, provided the contract is not already deemed terminated by law or the Proprietor is released from his accommodation obligation. 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 establishment, the Proprietor shall arrange medical care at the Guest’s request. If there is imminent danger, the Proprietor shall arrange medical care even without the Guest’s explicit request, particularly if it is necessary and the Guest is unable to act on their own.
16.2 As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor shall ensure medical treatment at the Guest’s expense. The scope of these care measures ends when the Guest is able to make decisions or the relatives have been informed of the illness.
16.3 The Proprietor shall have claims for reimbursement from the Contracting Party and the Guest, or in the event of death, from their legal successors, particularly for the following costs:
a) unpaid medical costs, costs for medical transport, medication, and medical aids;
b) necessary room disinfection;
c) unusable linen, bedding, and furnishings, otherwise for the disinfection or thorough cleaning of all such items;
d) restoration of walls, furnishings, carpets, etc., insofar as they were contaminated or damaged in connection with the illness or death;
e) room rent insofar as the room was used by the Guest, including any days of unusable rooms due to disinfection, clearance, etc.;
f) any other damages incurred by the Proprietor.

§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian substantive and procedural law, excluding the rules of private international law (in particular IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive jurisdiction in bilateral business-to-business contracts is the seat of the Proprietor, although the Proprietor is also entitled to assert his rights before any other local and competent court.
17.4 If the Accommodation Agreement is concluded with a Contracting Party who is a consumer and has their residence or habitual abode in Austria, claims against the consumer may only be filed at the consumer’s residence, habitual abode, or place of employment.
17.5 If the Accommodation Agreement is concluded with a Contracting Party who is a consumer and has their residence in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court competent for the consumer’s residence shall have exclusive local and subject-matter jurisdiction for claims against the consumer.

§ 18 Miscellaneous
18.1 Unless otherwise provided above, the period of a deadline begins upon delivery of the document ordering the deadline to the Contracting Party who must observe the deadline. When calculating a deadline determined in days, the day on which the event occurs or the point in time falls is not included. Deadlines determined in weeks or months relate to the day of the week or month corresponding by name or number to the day from which the deadline is counted. If this day does not exist in the month, the last day of that month applies.
18.2 Declarations must be received by the other Contracting Party on the last day of the deadline (24:00).
18.3 The Proprietor is entitled to offset claims against the Contracting Party with his own claims. The Contracting Party is not entitled to offset his own claims against the Proprietor’s claims, unless the Proprietor is insolvent or the Contracting Party’s claim is legally established or recognized by the Proprietor.
18.4 In the event of regulatory gaps, the corresponding statutory provisions shall apply.