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 ÖHVB in the version of 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. In the case of individually agreed terms, those agreements take precedence over these terms and conditions.

§ 2 Definitions

Accommodation Provider

Is a natural or legal person who accommodates guests for payment.

Guest

Is 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.

Contracting Party

Is a natural or legal person, domestic or foreign, 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 Austrian Consumer Protection Act (Konsumentenschutzgesetz) as amended.

Accommodation Contract

Is 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 – Deposit

3.1 The accommodation contract comes into effect when the accommodation provider accepts the booking of the contracting party. Electronic declarations are considered received when they can be accessed under normal circumstances.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit.

3.3 The contracting party is obliged to pay the deposit no later than 7 days before the start of the stay.

3.4 The deposit is considered a partial payment of the agreed total price.

§ 4 Beginning and End of Accommodation

4.1 The guest has the right to occupy the rented rooms from 4:00 PM on the agreed day of arrival, unless otherwise agreed.

4.2 If a room is first occupied before 6:00 AM, the previous night counts as the first overnight stay.

4.3 The rented rooms must be vacated by 12:00 noon on the day of departure.

§ 5 Cancellation of the Accommodation Contract – Cancellation Fees

Cancellation by the Accommodation Provider

5.1 If an agreed deposit is not paid in time, the accommodation provider may withdraw from the contract.

5.2 If the guest does not arrive by 6:00 PM on the day of arrival, the accommodation obligation ceases unless a later arrival time has been agreed.

Cancellation by the Contracting Party – Cancellation Fees

The contracting party may cancel the accommodation contract subject to the following cancellation fees:

up to 3 months before arrival: no cancellation fee

up to 1 month before arrival: 40% of the total price

up to 1 week before arrival: 70% of the total price

within the last week before arrival: 90% of the total price

§ 6 Substitute Accommodation

If the booked accommodation cannot be provided, the accommodation provider must arrange equivalent substitute accommodation. Any additional costs will be borne by the accommodation provider.

§ 7 Rights of the Contracting Party

The contracting party has the right to the usual use of:

the rented rooms

the facilities of the accommodation establishment

the customary services provided for guests

§ 8 Obligations of the Contracting Party

The contracting party is obliged to:

pay the agreed accommodation price at the latest upon departure

compensate for any damage caused by themselves or accompanying persons

§ 9 Rights of the Accommodation Provider

The accommodation provider has the right to:

demand payment of outstanding claims

exercise a legal lien on items brought into the accommodation

issue interim invoices

§ 10 Obligations of the Accommodation Provider

The accommodation provider is obliged to:

provide the agreed services

make the usual facilities available to guests

§ 11 Liability for Items Brought into the Accommodation

The accommodation provider is liable for items brought in by the guest according to the legal provisions.

For valuables, money and securities, the accommodation provider is liable only up to an amount of €550, unless special custody has been agreed.

§ 12 Limitation of Liability

In business transactions between entrepreneurs, liability for slight negligence is excluded.

§ 13 Pets

Pets may only be brought along with the consent of the accommodation provider and possibly subject to an additional charge.

The guest is liable for any damage caused by the pet.

§ 14 Extension of Stay

The guest has no entitlement to extend their stay.

An extension may only be granted with the consent of the accommodation provider.

§ 15 Termination of the Accommodation Contract

The contract ends:

upon expiration of the agreed period

in the event of serious misconduct by the guest

in cases of force majeure

§ 16 Illness or Death of a Guest

If a guest becomes ill during their stay, the accommodation provider may arrange medical assistance upon request.

Any resulting costs shall be borne by the guest.

§ 17 Place of Performance and Jurisdiction

The place of performance is the location of the accommodation establishment.

Austrian law shall apply.

§ 18 Miscellaneous

For all matters not regulated here, the statutory provisions of Austrian law shall apply.