GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Version dated 15 November 2006
Table of Contents
§ 1 Scope of application
§ 2 Definitions
§ 3 Conclusion of contract – Down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract – Cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the contracting party
§ 8 Duties of the contracting party
§ 9 Rights of the accommodation provider
§ 10 Duties of the accommodation provider
§ 11 Liability of the accommodation provider for damage to items brought in
§ 12 Limitations of liability
§ 13 Keeping of animals
§ 14 Extension of accommodation
§ 15 Termination of the accommodation contract – Early dissolution
§ 16 Illness or death of the guest
§ 17 Place of performance, jurisdiction and choice of law
§ 18 Miscellaneous
§ 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version of 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.
§ 2 Definitions
“Accommodation provider”: A natural or legal person who accommodates guests for consideration.
“Guest”: A natural person who makes use of accommodation. The guest is generally also the contracting party. Persons who arrive with the contracting party (e.g. family members, friends, etc.) are also deemed to be guests.
“Contracting party”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended.
“Accommodation contract”: 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 contract is concluded by acceptance of the contracting party’s order by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances and receipt occurs during the business hours disclosed by the accommodation provider.
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, before accepting the contracting party’s written or oral order, the accommodation provider is obliged to point out the down payment requested. If the contracting party agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt by the accommodation provider of the declaration of consent regarding payment of the down payment by the contracting party.
3.3 The contracting party is obliged to pay the down payment no later than 7 days (received) before the accommodation. The costs of the money transaction (e.g. transfer fees) are borne by the contracting party. The respective terms of the card companies apply to credit and debit cards.
3.4 The down payment is a partial payment towards the agreed remuneration.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers another check‑in time, the contracting party has the right to occupy the rented rooms from 4:00 p.m. on the agreed day (“day of arrival”).
4.2 If a room is taken for the first time before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 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
Withdrawal by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the down payment has not been made on time by the contracting party, 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 day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), the premises will be reserved until no later than 12:00 noon on the day following the agreed day of arrival. In the case of prepayment of more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, counting the day of arrival as the first day, unless the guest announces a later day of arrival.
5.4 Up to no later than 3 months before the contracting party’s agreed day of arrival, the accommodation contract may, for objectively justified reasons, be dissolved by unilateral declaration of the accommodation provider unless otherwise agreed.
Withdrawal by the contracting party – Cancellation fee
5.5 Up to no later than 3 months before the agreed day of arrival of the guest, the accommodation contract may be dissolved by unilateral declaration by the contracting party without payment of a cancellation fee.
5.6 Outside the period set out in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible subject to the following cancellation fees:
– up to 1 month before the day of arrival: 40% of the total package price;
– up to 1 week before the day of arrival: 70% of the total package price;
– in the last week before the day of arrival: 90% of the total package price.
Impediments to arrival
5.7 If the contracting party cannot appear at the accommodation establishment on the day of arrival because all possibilities of arrival are made impossible by unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed remuneration for the day(s) of arrival.
5.8 The obligation to pay remuneration for the booked stay revives as soon as arrival is possible again, if arrival becomes possible within three days.
§ 6 Provision of substitute accommodation
6.1 The accommodation provider may make adequate substitute accommodation (of the same quality) available to the contracting party or the guests if this is reasonable for the contracting party, in particular if the deviation is minor and objectively justified.
6.2 Objective justification exists, for example, if the room(s) has (have) become unusable, if guests already accommodated extend their stay, if there is overbooking or if other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, of the facilities of the accommodation establishment which are usually accessible to guests for use without special conditions, and to the usual service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Duties of the contracting party
8.1 The contracting party is obliged to pay, at the latest at the time of departure, the agreed remuneration plus any additional amounts which have arisen due to separate use of services by it and/or the guests accompanying it, plus statutory VAT.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these shall be accepted in payment where possible at the daily rate. Should the accommodation provider accept foreign currencies or cashless means of payment, the contracting party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by it or the guest or other persons who, with the knowledge or will 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 such payment, the accommodation provider shall have the statutory right of retention pursuant to § 970c ABGB (Austrian Civil Code) as well as 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 accommodation provider’s claims under the accommodation contract, in particular for catering, other expenses incurred on behalf of the contracting party and for any compensation claims of any kind.
9.2 If service is requested in the contracting party’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee. This special fee must, however, 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 invoice and/or to render interim invoices for its services at any time.
§ 10 Duties of the accommodation provider
10.1 The accommodation provider is obliged to render the agreed services to an extent corresponding to its standard.
10.2 Examples of special services of the accommodation provider subject to labelling obligations which are not included in the accommodation fee are:
a) special services of accommodation which may be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;
b) a reduced price is charged for the provision of additional or children’s beds.
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable pursuant to §§ 970 et seq. ABGB for the items brought in by the contracting party. The liability of the accommodation provider exists only if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been brought to a place indicated or designated for this purpose by one of them. Unless the accommodation provider proves otherwise, the accommodation provider shall be liable for its own fault or the fault of its people as well as of persons entering and leaving. Pursuant to § 970 (1) ABGB, the accommodation provider’s liability is limited to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit its items in a particular place of safekeeping, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to the sum insured under the respective accommodation provider’s liability insurance. Any fault on the part of the contracting party or guest shall be taken into account.
11.2 The accommodation provider’s liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will in no case be compensated.
11.3 The accommodation provider is liable for valuables, money and securities only up to the amount currently of EUR 550. The accommodation provider is liable for damage exceeding this amount only if it has taken these items into safekeeping with knowledge of their nature, or if the damage was caused by the accommodation provider itself or by one of its people. The limitations of liability pursuant to 12.1 and 12.2 apply mutatis mutandis.
11.4 The accommodation provider may refuse to store valuables, money and securities if they are significantly more valuable than items which guests of the accommodation establishment concerned usually hand in for safekeeping.
11.5 In any case of safekeeping undertaken, liability is excluded if the contracting party and/or guest does not immediately notify the accommodation provider of the damage that has occurred after becoming aware of it. Moreover, such claims must be asserted in court within three years of the contracting party or guest gaining knowledge or possible knowledge; otherwise the right is forfeited.
§ 12 Limitations of liability
12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence is excluded, with the exception of personal injury.
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, non‑material damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated is limited by the amount 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 accommodation provider and, if applicable, against payment of a special fee.
13.2 The contracting party who brings an animal is obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by suitable third parties at its own expense.
13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance and/or private liability insurance covering possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.
13.4 The contracting party and/or its insurer shall be jointly and severally liable to the accommodation provider for damage caused by animals brought along. The damage particularly also includes those compensation payments of the accommodation provider which the accommodation provider has to make to third parties.
13.5 Animals are not permitted in lounges, common rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no claim to an extension of its stay. If the contracting party announces in good time its wish to extend the stay, the accommodation provider may agree to an extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party cannot leave the accommodation establishment 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 of the remuneration for this time is only possible if the contracting party cannot fully use the services offered by the accommodation establishment due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the remuneration that corresponds to the price usually charged in the low season.
§ 15 Termination of the accommodation contract – Early dissolution
15.1 If the accommodation contract has been concluded for a definite period, it ends upon expiry of the term.
15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed remuneration. The accommodation provider will deduct what it saves as a result of the non‑utilisation of its service offer or what it obtains by otherwise renting the ordered rooms. Savings only exist if the accommodation establishment is fully occupied 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 for the savings lies with 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 dissolve the contract up to 10:00 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly disadvantageous use of the rooms or, through inconsiderate, offensive or otherwise grossly improper behaviour, makes cohabitation intolerable for the other guests, the owner, its people or third parties living in the accommodation establishment, or commits a criminal act against property, decency or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease that extends beyond the duration of the accommodation, or otherwise becomes in need of care;
c) does not pay the invoices presented when due within a reasonably set period (3 days).
15.6 If performance of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural events, strike, lockout, official orders, etc.), the accommodation provider may dissolve the accommodation contract at any time without observing a notice period, unless the contract is already deemed dissolved by law or the accommodation provider is released from its obligation to provide accommodation. Any claims of the contracting party for damages, etc. are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during his/her stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest’s request. If there is imminent danger, the accommodation provider will also arrange for medical care without the guest’s special request, in particular if this is necessary and the guest is unable to do so.
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 time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider shall have claims for compensation against the contracting party and the guest or, in the event of death, against their legal successors, in particular for the following costs:
a) outstanding doctors’ fees, costs for ambulance transport, medicines and remedies;
b) room disinfection that has become necessary;
c) linen, bed linen and bedding that have become unusable, otherwise for the disinfection or thorough cleaning of all these items;
d) restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death;
e) room rent to the extent that the room was used by the guest, plus any days on which the room could not be used due to disinfection, clearance, etc.;
f) any other damages incurred by the accommodation provider.
§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract is governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral business transactions between entrepreneurs, the exclusive place of jurisdiction 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 has been concluded with a contracting party who is a consumer and has his/her domicile or habitual residence in Austria, actions against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of employment.
17.5 If the accommodation contract has been concluded with a contracting party who is a consumer and has his/her domicile 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 domicile has exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a period begins to run upon service of the document ordering the period on the contracting party who must comply with the period. When calculating a period determined by days, the day on which the event occurs from which the beginning of the period is to be counted is not included. Periods determined by weeks or months refer to that day of the week or month which, by its designation or number, corresponds to the day from which the period is to be counted. If this day is missing in the month, the last day of that month is decisive.
18.2 Declarations must be received by the other contracting party by the last day of the period (midnight).
18.3 The accommodation provider is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.