General Terms and Conditions for the Hotel Industry 2006

General Terms and Conditions

§ 1 Scope
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 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

§ 2 Definitions of terms
2.1 Definitions of terms:
“Accommodation provider”: means a natural or legal person who accommodates guests for a fee.
"Guest": A natural person who uses accommodation. The guest is generally also the contractual partner. Guests also include those persons traveling with the contractual partner (e.g., family members, friends, etc.).
“Contractual partner”: means 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 contract”: means 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 upon the accommodation provider's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and if access occurs during the accommodation provider's announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the contracting party's written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent to the payment of the deposit by the accommodation provider.
3.3 The contracting party is obligated to pay the deposit no later than 7 days (receipt) prior to the accommodation. The contracting party shall bear the costs of the financial transaction (e.g., transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed fee.

§ 4 Start and end of accommodation
4.1 Unless the Accommodation Provider offers a different check-in time, the Contractual Partner has the right 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 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 by the specified time.

§ 5 Withdrawal from the accommodation contract – Cancellation fee Withdrawal by the accommodation provider
5.1 If the accommodation contract stipulates a deposit and the deposit has not been paid by the contracting party 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 contracting party has made a deposit (see 3.3), the accommodation will remain reserved until 12:00 noon on the day following the agreed arrival date at the latest. If the advance payment is for more than four days, the accommodation obligation ends at 6:00 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest notifies a later arrival date.
5.4 The accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed, no later than 3 months before the agreed date of arrival of the contracting party.
Withdrawal by the contractual partner – cancellation fee
5.5 The accommodation contract may be terminated by the contracting party by unilateral declaration without payment of a cancellation fee up to three months before the agreed date of arrival of the guest.
5.6 Outside the period specified in Section 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
- up to 1 month before the date of arrival 40% of the total arrangement price;
- up to 1 week before the arrival date 70% of the total arrangement price;
- in the last week before the arrival date 90% of the total arrangement 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 Contracting Party is unable to appear 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 the fee for the booked stay shall reappear from the time of arrival if arrival becomes possible again within three days.

§ 6 Provision of alternative accommodation
6.1 Any additional expenses for alternative 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 usual use of the rented rooms, the facilities of the accommodation establishment that are normally available to guests for use without special conditions, and the right to the usual service. The contracting party must exercise its 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 fee plus any additional amounts incurred due to the use of separate services by him and/or the guests accompanying him, plus statutory value added tax, at the latest at the time of departure.
8.2 The Accommodation Provider is not obligated to accept foreign currencies. If the Accommodation Provider accepts foreign currencies, these will be accepted at the current exchange rate, if possible. Should the Accommodation Provider accept foreign currencies or cashless payment methods, the Contractual Partner shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The Contractual Partner shall be liable to the Accommodation Provider for any damage caused by the Contractual Partner or the Guest or other persons who receive services from the Accommodation Provider with the knowledge or consent of the Contractual Partner.

§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the agreed fee or is in arrears with it, the accommodation provider 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 of the ABGB on the items brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure its claims arising from the accommodation contract, in particular for meals, other expenses incurred for the contractual partner, and for any claims for compensation of any kind.
9.2 If 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. This special fee must be indicated on the room rate card. The Accommodation Provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to invoice or issue interim invoices for its services at any time.

§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to a standard that corresponds to its standards.
10.2 Special services provided by the accommodation provider that are subject to a surcharge and are not included in the accommodation fee include, for example:
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 extra beds or children's beds.

§ 11 Liability of the accommodation provider for damage to items brought into the accommodation
11.1 The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the contracting party. The accommodation provider's liability only applies if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or if they have been taken to a location instructed or designated by them. If the accommodation provider is unable to provide proof, the accommodation provider is liable for its own negligence or the negligence of its personnel, as well as those of incoming and outgoing persons. Pursuant to Section 970, Paragraph 1 of the ABGB, the accommodation provider's liability is limited to 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 guest fails to promptly comply with the accommodation provider's request to deposit their items in a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited to the maximum amount of the accommodation provider's liability insurance. Any negligence on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider is only liable for valuables, money, and securities up to the current amount of €550. The accommodation provider is liable for damages exceeding this amount only if they accepted these items for safekeeping with full knowledge of their nature, or if the damage was caused by them or one of their employees. The limitation of liability pursuant to 12.1 and 12.2 applies accordingly.
11.3 The accommodation provider may refuse to store valuables, money and securities if the items are significantly more valuable than those usually deposited by guests of the accommodation establishment in question.

§ 12 Limitations of Liability
12.1 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 of negligence. Consequential damages, immaterial damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the amount of compensation is limited to the amount of the legitimate interest.

§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, against special remuneration.
13.2 The Contracting Party who brings an animal with them is obliged to properly keep and supervise this animal during their stay or to have it kept and supervised by suitable third parties at their own expense.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or personal liability insurance that also covers possible damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or its insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. This damage shall include, in particular, any compensation the accommodation provider is required to provide to third parties.
13.5 Animals are not permitted in the salons, lounges, restaurant areas and wellness areas.

§ 14 Extension of accommodation
14.1 The contracting party has no right to an extension of their stay. If the contracting party notifies the accommodation provider of their wish to extend their stay in a timely manner, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner is unable to leave the accommodation facility on the day of departure because all departure options are blocked or unavailable due to unforeseeable, exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contractual partner cannot fully utilize the services offered by the accommodation facility due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the usual price charged during the off-season.

§ 15 Termination of the accommodation contract – Early termination
15.1 If the accommodation contract was concluded for a specific period of time, it shall end upon expiry of the period.
15.2 The death of a guest terminates the contract with the accommodation provider.
15.3 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract until 10:00 a.m. on the third day before the intended end of the contract.
15.4 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes a significantly detrimental use of the premises or, through his reckless, offensive or otherwise grossly inappropriate behavior, makes living together unpleasant for the other guests, the owner, his staff or third parties staying in the accommodation facility or commits a punishable act against the property, morality or physical safety of these persons;
b) is affected by a contagious disease or an illness which extends beyond the duration of the accommodation or otherwise requires care;
c) the invoices submitted are not paid when due within a reasonable period of time (3 days).
15.5 If the fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages, etc., by the contractual partner are excluded.

§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation facility, the accommodation provider will arrange for medical care at the guest's request. If imminent danger exists, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to provide it 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 time the Guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has 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 medical costs, costs for medical transport, medication and medical aids
b) necessary room disinfection,
c) unusable laundry, bed linen and bedding, or for the disinfection or thorough cleaning of all such 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 rent, insofar as the room was used by the guest, plus any days the room was unusable due to disinfection, evacuation, etc.
f) any other damages incurred by the accommodation provider.

§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of international private law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral business transactions, the exclusive place of jurisdiction shall be the registered office of the Accommodation Provider, whereby the Accommodation Provider shall also be entitled to assert its rights before any other local and subject-matter competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his or her place of residence or habitual abode in Austria, legal proceedings 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 contracting party who is a consumer and has his or her 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 any action against the consumer.

§ 18 Others
18.1 Unless otherwise provided for in the above provisions, a period of time begins upon service of the document establishing the period of time on the contracting party, who must observe the period. When calculating a period of time determined in days, the day on which the time or event occurs is not included. Periods determined in weeks or months refer to the day of the week or month whose name 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 shall apply.
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 its own claims against the Contractual Partner's claims. The Contractual Partner is not entitled to offset its own claims against the Contractual Partner's claims unless the Accommodation Provider is insolvent or the Contractual Partner's claim has been legally established or recognized by the Accommodation Provider.
18.4 In the event of any gaps in the provisions, the relevant statutory provisions shall apply.