General Terms and Conditions for the Hotel Industry (AGBH 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 Ă–HVB in the version of September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements made.
§ 2 Definitions
2.1 Definitions:
"Proprietor": A natural or legal person who accommodates guests for remuneration.
"Guest": A natural person who uses the accommodation. The guest is usually also the contracting party. Guests also include those persons who arrive with the contracting party (e.g., family members, friends, etc.).
"Contracting Party": A natural or legal person from Austria or abroad who concludes an accommodation agreement as a guest or for a guest.
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
"Accommodation Agreement": The contract concluded between the proprietor and the contracting party, the contents of which are regulated in more detail below.
§ 3 Conclusion of contract - Down payment
3.1 The accommodation agreement is concluded upon the proprietor's acceptance of the contracting party'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 announced business hours of the proprietor.
3.2 The proprietor is entitled to conclude the accommodation agreement under the condition that the contracting party makes a down payment. In this case, the proprietor is obliged to inform the contracting party of the required down payment before accepting the written or oral order of the contracting party. If the contracting party agrees to the down payment (in writing or orally), the accommodation agreement is concluded upon receipt of the declaration of consent regarding the payment of the down payment by the contracting party to the proprietor.
3.3 The contracting party is obliged to pay the down payment at least 7 days (received) before the accommodation. The costs for the financial transaction (e.g. transfer fees) are borne by the contracting party. For credit and debit cards, the respective conditions of the card companies apply.
3.4 The down payment is a partial payment or a payment of the full amount of the agreed remuneration.
§ 4 Start and end of accommodation
4.1 The contracting party has the right to move into the rented rooms from 3:00 p.m. on the agreed day ("day of arrival"), provided the proprietor does not offer a different time of occupancy.
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 rented rooms are not vacated on time.
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
Rescission by the Proprietor
5.1 If the accommodation agreement provides for a down payment and the down payment has not been made by the contracting party in due time, the proprietor can rescind the accommodation agreement without a grace period.
5.2 If the guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to accommodate, unless a later time of arrival was agreed.
5.3 If the contracting party has made a down payment (see 3.3), the rooms remain reserved until 12:00 noon on the day following the agreed day of arrival at the latest. In the case of advance payment of more than four days, the obligation to accommodate ends at 6:00 p.m. on the fourth day, the day of arrival being counted as the first day, unless the guest indicates a later day of arrival.
5.4 Up to 3 months before the agreed day of arrival of the contracting party at the latest, the accommodation agreement can be terminated by the proprietor for objectively justified reasons, unless otherwise agreed, by a unilateral declaration.
Rescission by the Contracting Party - Cancellation fee
5.5 Up to 3 months before the agreed day of arrival of the guest at the latest, the accommodation agreement can be terminated without payment of a cancellation fee by a unilateral declaration by the contracting party.
5.6 Outside the period specified in § 5.5., rescission by a unilateral declaration of the contracting party is only possible with the payment of the following cancellation fees:
| up to 3 months | 3 months to 1 month | 1 month to 1 week | In the last week |
|---|---|---|---|
| no cancellation fees | 40 % | 70 % | 90 % |
Impediments to arrival
5.7 If the contracting party cannot arrive at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the contracting party is not obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay the remuneration for the booked stay revives when arrival becomes possible if arrival becomes possible again within three days.
§ 6 Provision of substitute accommodation
6.1 The proprietor may provide the contracting party or the guests with adequate substitute 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 is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay, there is an overbooking, or other important operational measures dictate this step.
6.3 Any additional expenses for the substitute accommodation are borne by the proprietor.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation agreement, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment that are usually and without special conditions accessible to guests for use, and to the standard service. The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed remuneration plus any extra amounts that have arisen as a result of separate services consumed by them and/or the guests accompanying them, plus statutory value-added tax, by the time of departure at the latest.
8.2 The proprietor is not obliged to accept foreign currencies. If the proprietor accepts foreign currencies, these will be accepted in payment at the current daily exchange rate if possible. If the proprietor accepts foreign currencies or cashless means of payment, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the proprietor for any damage caused by them or the guest or other persons who accept services from the proprietor with the knowledge or intent of the contracting party. For example, all damages to inventory, costs for smoke alarms, etc. must be paid in full by the contracting party.
§ 9 Rights of the Proprietor
9.1 If the contracting party refuses to pay the stipulated remuneration or is in default, the proprietor has the statutory right of retention in accordance with § 970c of the Austrian Civil Code (ABGB) and the statutory right of lien in accordance with § 1101 of the ABGB on the items brought in by the contracting party or the guest. This right of retention or lien also applies to secure the proprietor's claim from the accommodation agreement, especially for meals, other expenses made for the contracting party, and for any claims for damages of any kind.
9.2 If service in the contracting party's room or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.) is requested, the proprietor is entitled to charge a special fee for this. However, this special fee must be indicated on the room price board. The proprietor may also decline these services for operational reasons.
9.3 The proprietor has the right to settle or prematurely settle their performance at any time.
§ 10 Obligations of the Proprietor
10.1 The proprietor is obliged to provide the agreed services to an extent corresponding to their standard.
10.2 Special services of the proprietor subject to labeling that are not included in the accommodation fee are, for example: a) Special accommodation services that may be invoiced separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garaging, etc.; b) A reduced price is charged for the provision of extra beds or cots.
§ 11 Liability of the Proprietor for Damage to Items Brought in
11.1 The proprietor is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the proprietor is only given if the items were handed over to the proprietor or to authorized people of the proprietor, or brought to an indicated or intended location. If the proprietor fails to prove the contrary, the proprietor shall be liable for his own fault or the fault of his people as well as the outgoing and incoming persons. According to § 970 Paragraph 1 ABGB, the proprietor is liable up to the maximum amount determined in the Federal Act of November 16, 1921, concerning the liability of innkeepers and other entrepreneurs, as amended. If the contracting party or the guest does not immediately comply with the proprietor’s request to deposit their items in a special storage location, the proprietor is released from any liability. The amount of any liability on the part of the proprietor is limited to a maximum of the corresponding liability insurance sum of the respective proprietor. Any fault of the contracting party or guest must be taken into account.
11.2 The liability of the proprietor is excluded for slight negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages or indirect damages and lost profits will not be substituted under any circumstances.
11.3 For valuables, money, and securities, the proprietor is only liable up to an amount of currently € 150.--. The proprietor shall only be liable for any damage exceeding this in the event that the proprietor accepted these items for storage knowing their condition or in the event that the damage was caused by themselves or one of their people. The limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The proprietor may decline the safekeeping of valuables, money, and securities if they are items that are significantly more valuable than guests of the respective accommodation establishment usually place in safekeeping.
11.5 In any case of accepted storage, liability is excluded if the contracting party and/or guest does not report the damage to the proprietor immediately upon knowledge. In addition, these claims must be asserted in court within three years from knowledge or possible knowledge by the contracting party or guest; otherwise, the right is extinguished.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the liability of the proprietor for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is an entrepreneur, the liability of the proprietor 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 replaced. The damage to be replaced finds its limit in any case in the amount of the reliance interest.
§ 13 Keeping Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the proprietor and optionally against a specific remuneration.
13.2 The contracting party who brings an animal with them is obliged to keep or supervise this animal appropriately during their stay or to have it kept or supervised by suitable third parties at their expense.
13.3 The contracting party or guest who brings an animal must have an appropriate animal liability insurance or a private liability insurance that also covers potential damages caused by animals. The proof of the appropriate insurance must be provided at the proprietor's request.
13.4 The contracting party or their insurer is jointly and severally liable to the proprietor for the damage caused by the animals brought along. The damage also includes those compensation services of the proprietor that the proprietor has to provide to third parties.
§ 14 Prolongation of the Accommodation
14.1 The contracting party has no right to have their stay prolonged. If the contracting party announces their desire to prolong their stay in good time, the proprietor may agree to a prolongation of the accommodation agreement. The proprietor is not obliged 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 extraordinary circumstances (e.g., extreme snowfall, floods, etc.), the accommodation agreement is automatically prolonged for the duration of the impossibility of departure. A reduction in the fee for this period is at most only possible if the contracting party cannot fully use the offered services of the accommodation establishment due to the extraordinary weather conditions. The proprietor is entitled to demand at least the fee that corresponds to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement - Premature Cancellation
15.1 If the accommodation agreement was concluded for a specific time, it ends upon expiration of the time.
15.2 If the contracting party departs prematurely, the proprietor is entitled to demand the full agreed remuneration. The proprietor will deduct what they have spared as a result of the non-utilization of their offer of services or what they have received through alternative renting of the ordered rooms. Savings are only present 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 contracting party bears the burden of proof of the savings.
15.3 Through the death of a guest, the contract with the proprietor terminates.
15.4 If the accommodation agreement was concluded for an indefinite time, the contracting parties may resolve the contract until 10:00 a.m. of the third day prior to the intended end of the contract.
15.5 The proprietor is entitled to resolve the accommodation agreement with immediate effect for a material reason, in particular if the contracting party or the guest: a) Makes significant disadvantageous use of the premises or their ruthless, offensive, or otherwise grossly improper behavior makes living together distasteful for the other guests, the owner, their people, or third parties lodging at the accommodation establishment, or commits an offense against property, morality, or physical safety towards these persons; b) Is afflicted with an infectious illness or a disease that extends beyond the term of the accommodation, or otherwise requires care; c) Does not pay the presented invoices when due within a reasonably set period (3 days).
15.6 If contract fulfillment becomes impossible by an event deemed force majeure (e.g., natural disasters, strike, lockout, official directives, etc.), the proprietor may resolve the accommodation agreement at any time without upholding a notice period, provided the contract is not already considered dissolved under law, or the proprietor is freed from their accommodation duty. Any claims for compensation 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 will provide medical care at the guest's request. In case of imminent danger, the proprietor will also procure medical care without the specific request of the guest, especially if this is necessary and the guest is not in a position to do so themselves.
16.2 As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the proprietor will arrange medical treatment at the guest's expense. However, the scope of these care measures ends when the guest can make decisions or the relatives have been notified of the sickness.
16.3 The proprietor has compensation claims toward the contracting party and the guest, or in the case of death, toward their legal successors, particularly for the following costs: a) Outstanding doctor's bills, costs for ambulance, medications, and medical aids; b) Required room disinfection; c) Linen, beddings, and bed furnishings that have become unusable, or alternatively the disinfection or thorough cleaning of all these items; d) Restoration of walls, furnishings, carpets, etc., to the extent that they were contaminated or damaged in connection with the illness or death; e) Room rent, so far as the premises were used by the guest, plus any days the rooms are unusable because of disinfection, clearing, or the like; f) Any other damages arising for the proprietor.
§ 17 Place of Fulfillment, Jurisdiction, and Choice of Law
17.1 The place of fulfillment is the location of the accommodation establishment.
17.2 This contract is subject to Austrian formal and material law to the exclusion of the rules of International Private Law (in particular IPRG and EVĂś) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral corporate dealings is the domicile of the proprietor, whereby the proprietor is furthermore entitled to assert their rights before any other local and objective competent court.
17.4 If the accommodation agreement was concluded with a contracting party who is a consumer and has their domicile or usual residence in Austria, lawsuits against the consumer can only be brought at the consumer's domicile, usual residence, or place of employment.
17.5 If the accommodation agreement was concluded with a contracting party who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court that has local and material jurisdiction for the consumer's domicile is exclusively competent for lawsuits against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide anything special, a time limit begins to run upon service of the document ordering the time limit to the contracting party who has to uphold the time limit. When counting a time limit set by days, the day marking the time or the event according to which the start of the time limit is to be based is excluded. Time limits defined by weeks or months refer to the day of the week or the month corresponding to the designation or number of the day from which the period is to be counted. If this day is missing in the month, the last day of this month is crucial.
18.2 Declarations must have been received by the respectively other contracting party by the last day of the time limit (12:00 a.m. midnight).
18.3 The proprietor is entitled to off-set own claims against claims of the contracting party. The contracting party is not entitled to offset own claims against the proprietor's claims, unless the proprietor is insolvent or the contracting party's claim has been legally determined or recognized by the proprietor.
18.4 In case of regulatory gaps, the corresponding statutory provisions apply.