City Hotel
kleiner Löwe
Kornmarktplatz 5
6900 Bregenz
KM5 Hotelbetriebs GmbH
Kornmarktplatz 5
6900 Bregenz
Phone: +43 67673115095
Email: hallo@kleinerloewe.at
Company Registration Number: FN 544477 b
VAT Number: ATU76472158
Court of Registration: Landesgericht Feldkirch
Professional Group: Hospitality
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1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “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 individually agreed arrangements.
2.1 Definitions:
· “Accommodation Provider”: A natural or legal person who accommodates guests for payment.
· “Guest”: A natural person who uses the accommodation. The guest is usually also the contractual partner. Persons accompanying the contractual partner (e.g., family members, friends, etc.) are also considered guests.
· “Contractual Partner”: A natural or legal person, domestic or foreign, who enters into an accommodation contract either as a guest or for a guest.
· “Consumer” and “Entrepreneur”: These terms are defined as per the Austrian Consumer Protection Act of 1979, as amended.
· “Accommodation Contract”: The contract concluded between the accommodation provider and the contractual partner, the content of which is specified in the following.
3.1 The accommodation contract is concluded when the accommodation provider accepts the booking from the contractual partner. Electronic declarations are considered received when they can be retrieved under normal circumstances and during the business hours communicated by the provider.
3.2 The provider may make the contract conditional on a deposit. The provider must inform the contractual partner of this requirement before accepting the order. If the contractual partner agrees (in writing or orally), the contract is concluded upon receipt of this agreement by the provider.
3.3 The contractual partner is obligated to pay the deposit at the time of booking. Any transaction costs (e.g., bank fees) are borne by the contractual partner. Terms for credit/debit cards depend on the respective card issuer.
3.4 A deposit is a partial payment of the agreed fee.
4.1 Unless otherwise offered, the contractual partner has the right to occupy the rented rooms from 3:00 p.m. on the agreed day of arrival.
4.2 If a room is used before 5:45 a.m., the previous night is considered the first night of stay.
4.3 Rooms must be vacated by 11:00 a.m. on the day of departure. The provider may charge for an additional day if this deadline is not met.
By the Provider
5.1 If a deposit was agreed and is not paid on time, the provider may withdraw from the contract without notice.
5.2 If the guest does not arrive by 6:00 p.m. on the day of arrival, there is no obligation to accommodate, unless a later arrival was arranged.
5.3 If a deposit was paid, the room remains reserved until 11:00 p.m. If the deposit covers more than four days, the obligation ends at 6:00 p.m. on the fourth day, unless a later arrival was announced.
5.4 The provider may withdraw from the contract up to 3 months before arrival for objectively justified reasons, unless otherwise agreed.
By the Contractual Partner
5.5 For “non-cancellable” bookings, 100% of the cost is due upon cancellation. For “cancellable” bookings, cancellations are free within the communicated deadline (currently 5 days before arrival). Later cancellations also incur a 100% fee.
In such cases, there is no refund for breakfast, taxes, or local charges.
6.1 The provider may offer equivalent alternative accommodation if reasonable, especially if the deviation is minor and justified.
6.2 This may be due to unusable rooms, extended guest stays, overbooking, or operational reasons.
6.3 Additional costs for alternative accommodation are borne by the provider.
7.1 The contractual partner has the right to use the rented rooms and common hotel facilities customarily accessible to guests, subject to hotel policies (house rules).
8.1 The contractual partner must pay the agreed fee plus taxes and charges for any extra services by departure.
8.2 The provider is not required to accept foreign currency. If accepted, the exchange is based on the daily rate, with fees borne by the contractual partner.
8.3 The contractual partner is liable for damages caused by themselves or others using the provider's services with their consent.
9.1 If payment is refused or delayed, the provider may retain items brought by the guest per §§ 970c and 1101 ABGB. This applies to debts from accommodation, food, and related expenses.
9.2 For room service outside standard hours (after 8:00 p.m. or before 6:00 a.m.), the provider may charge a supplement, which must be posted.
9.3 The provider has the right to issue interim bills at any time.
10.1 The provider must perform agreed services in line with their standard.
10.2 Additional chargeable services may include salon access, sauna, swimming pool, solarium, garage, and discounted extra beds.
11.1 Liability under §§ 970 ff ABGB applies only if items are properly handed over or stored as instructed.
11.2 No liability for slight negligence. For business customers, no liability for gross negligence either. No compensation for indirect or consequential damages.
11.3 Liability for valuables, money, and securities is limited to €550 unless accepted knowingly or caused by the provider.
11.4 The provider may refuse storage of unusually valuable items.
11.5 Claims are void unless damage is reported immediately. Legal claims expire after three years.
12.1 For consumers: no liability for slight negligence (except personal injury).
12.2 For entrepreneurs: no liability for slight or gross negligence, indirect, immaterial, or consequential damages. Liability is limited to foreseeable trust interest.
13.1 Pets are not allowed in the hotel or salon.
13.2 Smoking is strictly prohibited in all rooms, balconies, and outdoor areas. Damages caused by violations must be compensated.
14.1 There is no entitlement to an extended stay. The provider may approve an extension but is not obligated.
14.2 If the guest cannot leave due to unforeseen extraordinary events (e.g., snow, flooding), the stay is automatically extended. Discounts may apply if services are partially unusable.
15.1 Fixed-term contracts end upon expiry.
15.2 If the guest departs early, the full price remains due unless the room can be re-let or costs are saved. The burden of proof lies with the guest.
15.3 The contract ends upon the death of the guest.
15.4 Open-ended contracts can be terminated with notice by 10:00 a.m. on the third day before intended departure.
15.5 The provider may cancel immediately for important reasons, e.g. misuse of rooms, offensive behavior, contagious illness, or non-payment.
15.6 In cases of force majeure (natural disasters, strikes, etc.), the provider may cancel the contract without notice. No damage claims apply.
16.1 In the event of illness, the provider will arrange medical care upon request or in emergencies.
16.2 Until the guest can make decisions or relatives are contacted, medical costs are borne by the guest.
16.3 The provider can claim reimbursement for:
a) medical and transport costs, medications
b) disinfection of rooms
c) destroyed linens or their cleaning
d) restoration of damaged furnishings
e) room rental including downtime due to cleaning
f) any other damages
17.1 Place of performance is the location of the accommodation.
17.2 Austrian law applies, excluding conflict of law rules and UN Sales Law.
17.3 For business contracts, jurisdiction is at the provider's location, but they may also sue elsewhere.
17.4 For Austrian consumers: lawsuits can only be filed where the consumer resides or works.
17.5 For consumers in the EU (excluding Austria), Iceland, Norway, or Switzerland: lawsuits must be filed in the consumer’s home jurisdiction.
18.1 Deadlines begin upon delivery of the notice. The day of the event is not counted.
18.2 Notices must be received by the end of the last day of the deadline (midnight).
18.3 The provider may offset claims. The contractual partner may only offset if the provider is insolvent or the claim is recognized or judicially established.
18.4 In case of gaps in these provisions, applicable legal regulations apply.