Legal notice

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006
(AGBH 2006)
Version dated 15 November 2006

§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (“AGBH 2006”) replace the previous ÖHVB version dated 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. Individually agreed provisions take precedence over the AGBH 2006.

§ 2 Definitions
2.1 “Proprietor”: a natural or legal person who accommodates guests for payment.
“Guest”: a natural person who uses accommodation. The Guest is generally also the Contracting Party. Persons travelling with the Contracting Party, such as family members or friends, are also Guests.
“Contracting Party”: a natural or legal person, in Austria or abroad, who concludes an Accommodation Agreement as a Guest or on behalf of a Guest.
“Consumer” and “Business”: these terms have the meanings given in the Austrian Consumer Protection Act 1979, as amended.
“Accommodation Agreement”: the agreement concluded between the Proprietor and the Contracting Party, the content of which is governed in more detail below.

§ 3 Conclusion of the agreement — deposit
3.1 The Accommodation Agreement is concluded when the Proprietor accepts the Contracting Party’s booking. Electronic declarations are deemed received when the intended recipient can access them under normal circumstances and receipt occurs during the Proprietor’s stated business hours.
3.2 The Proprietor may make conclusion of the Accommodation Agreement conditional on payment of a deposit. In that case, the Proprietor must inform the Contracting Party of the required deposit before accepting the written or verbal booking. If the Contracting Party agrees in writing or verbally, the Accommodation Agreement is concluded when the Proprietor receives that agreement to pay the deposit.
3.3 The Contracting Party must pay the deposit when booking, before the stay. The Contracting Party bears transaction costs, such as bank transfer charges. The card companies’ respective conditions apply to credit and debit cards.
3.4 A deposit is a part payment towards the agreed charge.

§ 4 Beginning and end of the stay
4.1 Unless the Proprietor offers another check-in time, the Contracting Party may occupy the rented rooms from 2:00 pm on the agreed arrival date.
4.2 If a room is first occupied before 5:45 am, the preceding night counts as the first overnight stay.
4.3 The Contracting Party must vacate the rented rooms by 11:00 am on departure day. The Proprietor may charge for an additional day if the rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Agreement — cancellation charges
Withdrawal by the Proprietor
5.1 If a deposit is required and the Contracting Party does not pay it on time, the Proprietor may withdraw from the Accommodation Agreement without granting an additional payment period.
5.2 If the Guest has not arrived by 6:00 pm on the agreed arrival date, the Proprietor is not obliged to provide accommodation unless a later arrival time has been agreed.
5.3 If the Contracting Party has paid a deposit under clause 3.3, the rooms remain reserved until no later than 11:00 pm on the agreed arrival date. If more than four days have been paid in advance, the accommodation obligation ends at 6:00 pm on the fourth day, counting the arrival date as day one, unless the Guest has notified the Proprietor of a later arrival date.
5.4 Unless otherwise agreed, the Proprietor may terminate the Accommodation Agreement by unilateral declaration for objectively justified reasons no later than three months before the Contracting Party’s agreed arrival date.
Withdrawal by the Contracting Party — cancellation charges
5.5 If the Contracting Party selected a non-cancellable booking, cancellation incurs 100% of the costs from the time of booking. If a cancellable booking was selected, it may be cancelled free of charge within the notified deadline, currently up to five days before arrival. Cancellation after that deadline also incurs 100% of the costs.
Whenever cancellation charges are payable, the Contracting Party is not entitled to reimbursement of breakfast costs, taxes or guest tax.

§ 6 Alternative accommodation
6.1 The Proprietor may provide the Contracting Party or Guests with adequate alternative accommodation of the same quality where this is reasonable for the Contracting Party, particularly where the difference is minor and objectively justified.
6.2 Objective justification exists, for example, if rooms have become unusable, guests already staying extend their stay, overbooking occurs, or other important operational measures require this step.
6.3 Any additional costs of the alternative accommodation are borne by the Proprietor.

§ 7 Rights of the Contracting Party
7.1 By concluding the Accommodation Agreement, the Contracting Party acquires the right to normal use of the rented rooms, the hotel facilities ordinarily available to guests without special conditions, and the customary service. These rights must be exercised in accordance with any hotel or guest rules (house rules).

§ 8 Obligations of the Contracting Party
8.1 No later than departure, the Contracting Party must pay the agreed charge, together with any additional amounts arising from separately used services by the Contracting Party or accompanying Guests, plus statutory VAT.
8.2 The Proprietor is not obliged to accept foreign currency. Where accepted, it will, where practicable, be credited at the daily exchange rate. If foreign currency or cashless payments are accepted, the Contracting Party bears all associated costs, including enquiries with credit card companies, telegrams and similar expenses.
8.3 The Contracting Party is liable to the Proprietor for damage caused by the Contracting Party, the Guest or other persons receiving the Proprietor’s services with the Contracting Party’s knowledge or consent.

§ 9 Rights of the Proprietor
9.1 If the Contracting Party refuses to pay the agreed charge or is in arrears, the Proprietor has the statutory right of retention under § 970c ABGB and the statutory lien under § 1101 ABGB over property brought in by the Contracting Party or Guest. These rights also secure claims under the Accommodation Agreement, particularly for meals, other expenditure incurred for the Contracting Party and compensation claims of any kind.
9.2 The Proprietor may charge a special fee for service requested in the Contracting Party’s room or at unusual times, after 8:00 pm or before 6:00 am. This fee must be displayed on the room price list. The Proprietor may also decline such services for operational reasons.
9.3 The Proprietor may issue an invoice or interim invoice for services at any time.

§ 10 Obligations of the Proprietor
10.1 The Proprietor must provide the agreed services to an extent appropriate to the establishment’s standard.
10.2 Examples of separately priced services not included in the accommodation charge are:
a) additional accommodation services that may be charged separately, such as use of salons, saunas, indoor or outdoor swimming pools, solariums and garage parking;
b) a reduced price is charged for additional beds or children’s beds.

§ 11 Liability of the Proprietor for damage to property brought into the hotel
11.1 The Proprietor is liable under §§ 970 et seq. ABGB for property brought in by the Contracting Party. Liability arises only where the property has been handed to the Proprietor or authorised staff, or placed in a location designated or intended by them. Unless the Proprietor proves otherwise, the Proprietor is liable for its own fault, the fault of its staff and persons entering or leaving the establishment. Under § 970(1) ABGB, liability is limited to the amount specified in the Austrian Federal Act of 16 November 1921 on the liability of innkeepers and other businesses, as amended. If the Contracting Party or Guest does not immediately comply with a request to deposit property in a special storage location, the Proprietor is released from liability. Any liability is limited to the sum insured under the Proprietor’s liability insurance. Fault on the part of the Contracting Party or Guest must be taken into account.
11.2 Liability for slight negligence is excluded. If the Contracting Party is a Business, liability for gross negligence is also excluded. In that case, the Contracting Party bears the burden of proving fault. Consequential or indirect damage and loss of profits will not be compensated in any circumstances.
11.3 Liability for valuables, money and securities is limited to the current amount of €550. The Proprietor is liable for greater damage only if it accepted the items for safekeeping with knowledge of their nature, or if the damage was caused by the Proprietor or its staff. The limitations in clauses 12.1 and 12.2 apply accordingly.
11.4 The Proprietor may refuse safekeeping of valuables, money and securities that are substantially more valuable than items ordinarily entrusted for safekeeping by guests of the establishment.
11.5 Whenever safekeeping is undertaken, liability is excluded if the Contracting Party or Guest does not notify the Proprietor immediately upon learning of the damage. Such claims must also be brought before a court within three years of the Contracting Party’s or Guest’s actual or possible knowledge; otherwise the right expires.

§ 12 Limitations of liability
12.1 If the Contracting Party is a Consumer, liability for slight negligence is excluded except in cases of personal injury.
12.2 If the Contracting Party is a Business, liability for slight and gross negligence is excluded. The Contracting Party bears the burden of proving fault. Consequential, non-material or indirect damage and loss of profits will not be compensated. Compensation is in all cases limited to the reliance interest.

§ 13 Animals and smoking ban
13.1 Animals are not permitted in the hotel or salon.
13.2 Smoking is strictly prohibited in all hotel rooms and other indoor areas, on balconies and in outdoor areas. Damage resulting from a breach of the smoking ban must be compensated by the Contracting Party under the principles of damages law.

§ 14 Extension of the stay
14.1 The Contracting Party has no entitlement to extend the stay. If an extension is requested in good time, the Proprietor may agree to extend the Accommodation Agreement but is not obliged to do so.
14.2 If unforeseeable exceptional circumstances, such as extreme snowfall or flooding, prevent the Contracting Party from leaving on departure day because all departure routes are closed or unusable, the Accommodation Agreement is automatically extended for the period during which departure is impossible. A price reduction for that period is possible only if the exceptional weather prevents full use of the services offered. The Proprietor may charge at least the price ordinarily charged in the low season.

§ 15 End of the Accommodation Agreement — early termination
15.1 An Accommodation Agreement concluded for a fixed period ends when that period expires.
15.2 If the Contracting Party departs early, the Proprietor may charge the full agreed amount, less savings resulting from unused services or income from re-letting the reserved rooms. Savings exist only if the establishment is fully occupied when the reserved accommodation is not used and the room can be re-let to other guests as a result of the cancellation. The Contracting Party bears the burden of proving savings.
15.3 The agreement with the Proprietor ends upon the death of a Guest.
15.4 An Accommodation Agreement concluded for an indefinite period may be terminated by either party by 10:00 am on the third day before the intended end of the agreement.
15.5 The Proprietor may terminate the Accommodation Agreement with immediate effect for good cause, particularly if the Contracting Party or Guest:
a) makes substantially detrimental use of the premises; through inconsiderate, offensive or otherwise grossly improper conduct makes communal life intolerable for other guests, the owner, staff or other residents; or commits a punishable offence against their property, morality or physical safety;
b) contracts an infectious illness, an illness extending beyond the stay, or otherwise becomes in need of care;
c) fails to pay invoices when due within a reasonable deadline of three days.
15.6 If performance becomes impossible owing to force majeure, such as natural events, strikes, lockouts or official orders, the Proprietor may terminate the Accommodation Agreement at any time without notice, unless the agreement is already deemed terminated by law or the Proprietor is released from the accommodation obligation. Claims by the Contracting Party for damages or similar compensation are excluded.

§ 16 Illness or death of the Guest
16.1 If a Guest becomes ill during the stay, the Proprietor will arrange medical care at the Guest’s request. In an urgent situation, care will also be arranged without a specific request, particularly where it is necessary and the Guest cannot arrange it personally.
16.2 While the Guest cannot make decisions or relatives cannot be contacted, the Proprietor will arrange medical treatment at the Guest’s expense. This duty ends when the Guest can make decisions or relatives have been informed of the illness.
16.3 The Proprietor may claim reimbursement from the Contracting Party and Guest, or their legal successors in the event of death, particularly for:
a) unpaid medical expenses and costs of medical transport, medicines and medical aids;
b) necessary room disinfection;
c) linen, bed linen and bedding rendered unusable, or otherwise their disinfection or thorough cleaning;
d) restoration of walls, furnishings, carpets and similar items soiled or damaged in connection with the illness or death;
e) room charges for the period of use and any additional days the room cannot be used owing to disinfection, clearance or similar measures;
f) any other loss suffered by the Proprietor.

§ 17 Place of performance, jurisdiction and applicable law
17.1 The place of performance is the location of the accommodation establishment.
17.2 This agreement is governed by Austrian procedural and substantive law, excluding conflict-of-law rules, particularly the IPRG and the Rome Convention, and the UN Convention on Contracts for the International Sale of Goods.
17.3 In transactions between Businesses, exclusive jurisdiction lies at the Proprietor’s registered office. The Proprietor may also assert its rights before any other court having territorial and subject-matter jurisdiction.
17.4 If the Contracting Party is a Consumer domiciled or habitually resident in Austria, proceedings against that Consumer may be brought only at the Consumer’s domicile, habitual residence or place of employment.
17.5 If the Contracting Party is a Consumer domiciled in another European Union Member State, Iceland, Norway or Switzerland, proceedings against the Consumer fall exclusively within the territorial and subject-matter jurisdiction of the court competent for the Consumer’s domicile.

§ 18 Miscellaneous
18.1 Unless otherwise provided above, a period begins when the document establishing it is served on the party required to comply. For periods expressed in days, the day on which the triggering time or event occurs is not counted. Periods expressed in weeks or months end on the day corresponding by name or number to the day from which the period is calculated. If that day does not occur in the relevant month, the last day of that month applies.
18.2 Declarations must reach the other party by midnight on the last day of the period.
18.3 The Proprietor may set off its claims against the Contracting Party’s claims. The Contracting Party may not set off its own claims against the Proprietor’s claims unless the Proprietor is insolvent or the Contracting Party’s claim has been established by a court or acknowledged by the Proprietor.
18.4 Where these provisions contain gaps, the applicable statutory provisions apply.