AGB - Austrian Hotel Contract Conditions (PDF, 41KB)
Lodging establishment
§ 1 General
The (General) Austrian Hotel Contract Terms and Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.
§ 2 Contracting party
(1) In case of doubt, the contracting party of the accommodation provider shall be the customer, even if he has ordered or co-ordered for other named persons.
(2) Persons making use of the accommodation are guests within the meaning of the contractual terms and conditions.
§ 3 Conclusion of contract, down payment
(1) As a rule, the accommodation contract is concluded when the accommodation provider accepts the guest's written or verbal order.
(2) It may be agreed that the guest makes a down payment.
(3) The accommodation provider may also demand advance payment of the entire agreed fee.
§ 4 Start and end of accommodation
(1) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
(2) The accommodation provider has the right to withdraw from the contract if the guest does not appear by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed.
(3) If the guest has paid a deposit, the room(s) shall remain reserved until 11 a.m. of the following day at the latest.
(4) If a room is occupied for the first time before 6 a.m., the previous night shall count as the first overnight stay.
(5) The rented rooms must be vacated by the guest by 11 a.m. on the day of departure.
§ 5 Withdrawal from the accommodation contract
(1) Up to three months before the agreed date of arrival of the guest at the latest, the accommodation contract can be canceled by either contracting party by unilateral declaration without payment of a cancellation fee. The cancellation declaration must be in the hands of the contracting party no later than three months before the agreed date of arrival of the guest.
(2) Up to one month before the agreed date of arrival of the guest at the latest, the accommodation contract can be terminated by both contracting parties by unilateral declaration, but a cancellation fee of 50% of the travel value must be paid.
Please refer to the table for further cancellation costs!
(3) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed.
(4) If the guest has made a down payment, the room(s) shall remain reserved until 12 noon of the following day at the latest.
(5) Even if the guest does not make use of the booked rooms or boarding services, he shall be obliged to pay the agreed fee to the accommodation provider. However, the accommodation provider must deduct what it has saved
as a result of the guest not making use of its services or what it has received by renting the booked rooms to other parties.
Experience has shown that in most cases the savings made by the establishment as a result of the guest not making use of the service amount to 20 percent of the room price and 30 percent of the catering price.
(6) It is incumbent upon the accommodation provider to endeavor to rent the unused rooms to other parties in accordance with the circumstances (§ 1107 ABGB).
The cancellation conditions listed in sections 1, 2 and 5 are a non-binding association recommendation within the meaning of §§ 31ff of the Cartel Act, which was reported to the Higher Regional Court of Vienna as the Cartel Court under 26 Kt 79/03.
§ 6 Provision of substitute accommodation
(1) The accommodation provider may provide the guest with adequate alternative accommodation if this is reasonable for the guest, in particular because the deviation is minor and objectively justified.
(2) An objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures require this step.
(3) Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the guest
(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to guests for use without special conditions, and to the usual service.
(2) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.
(3) If full board or half board has been agreed, the guest shall have the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals that he does not take, provided that he has given notice of this in good time, i.e. by 6 p.m.
of the previous day.
(4) Otherwise, the guest shall have no claim to compensation if the accommodation provider is ready to provide services and if he does not take the agreed meals within the usual times of day and in the rooms designated for this purpose.
§ 8 Obligations of the guest
(1) Upon termination of the accommodation contract, the agreed remuneration must be paid. Foreign currencies shall be accepted by the Proprietor in payment at the exchange rate of the day, if possible. The Proprietor shall not be obliged to accept non-cash means of payment such as checks, credit cards, vouchers, etc. All costs necessary for the acceptance of these securities, such as for telegrams, inquiries, etc. shall be borne by the guest.
(2) If food or beverages are available at the accommodation establishment but are brought there and consumed in public areas, the accommodation provider shall be entitled to charge reasonable compensation (so-called "stoppage money" for beverages).
(3) The accommodation provider's consent must be obtained prior to the use of any electrical appliances brought in by guests which are not part of the usual travel requirements.
(4) The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third parties through his fault or through the fault of
his companions or other persons for whom he is responsible, even if the injured party is entitled to claim damages directly from the accommodation provider.
§ 9 Rights of the accommodation provider
(1) If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall be entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his
expenses for the guest. (§ 970 c ABGB statutory right of retention.)
(2) The accommodation provider has the right of lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
(3) If the service is requested in the guest's room or at unusual times of the day, the accommodation provider is entitled to charge a special fee for this; however, this special fee must be indicated on the room price list. He may also refuse these services for operational reasons.
§ 10 Obligations of the accommodation provider
(1) The accommodation provider is obliged to provide the agreed services to an extent that corresponds to the standard.
(2) Special services of the accommodation provider that are not included in the accommodation fee and that must be marked as such:
a) Special accommodation services that can be charged separately, such as the provision of lounges, sauna and indoor pool, swimming pool, solarium, bunk bath, garage, etc.
b) A reduced price shall be charged for the provision of additional beds or cribs.
(3) The prices quoted shall be inclusive prices.
§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider shall be liable for damage suffered by a guest if the damage has occurred within the framework of the business and if he or his employees are at fault.
(2) Liability for items brought in. In addition, the accommodation provider shall be liable as custodian for the items brought in by the accommodated guests up to a maximum amount of € 1,100.00, unless he proves that the damage was neither caused by him or one of his employees nor by third parties entering or leaving the house.
Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of € 550.00, unless he has taken these items into safekeeping with knowledge of their nature or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal to accept liability by means of a notice has no legal effect.
The safekeeping of valuables, money and securities may be refused if the items in question are significantly more valuable than those usually placed in safekeeping by guests of the establishment in question. Agreements by which liability is to be reduced below the level specified in the above paragraphs are invalid. Objects shall be deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or brought to a place designated for this purpose by the latter. (In particular §§ 970 ff. ABGB.)
§ 12 Keeping animals
(1) Animals may only be brought into the accommodation establishment with prior authorization and, if necessary, for a special fee.
Animals may not be kept in the entire bathing and wellness area or in the restaurant rooms. We would also like to point out that animals must be kept on a leash throughout the hotel!
(2) The guest is liable for any damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner (§ 1320 ABGB).
§ 13 Extension of the accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
§ 14 Termination of the accommodation
(1) If the accommodation contract has been agreed for a specific period of time, it shall end upon expiry of this period. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration.
However, the accommodation provider shall be responsible for endeavoring to rent the unused rooms to other parties in accordance with the circumstances.
Otherwise, the provision in § 5 (5) shall apply mutatis mutandis (deduction percentages).
(2) The contract with the accommodation provider shall end upon the death of a guest.
(3) If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract at any time by giving three days' notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be deemed the first day of the notice period, but only the following day.
(4) If the guest does not vacate his room by 12 noon, the accommodation provider shall be entitled to charge the room price for a further day.
(5) The Proprietor is entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other occupants to stay together or commits an act against property, morality or physical safety towards the Proprietor and his staff or a person staying in the accommodation establishment that is punishable by law;
b) is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
c) fails to pay the invoice presented to him within a reasonably set period upon request.
(6) If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated.
However, the accommodation provider is obliged to return the remuneration already received on a pro rata basis so that he does not make any profit from the event. (§ 1447 ABGB.)
§ Section 15 Illness or death of the guest in the accommodation establishment
(1) If a guest falls ill during their stay in the accommodation establishment, the accommodation provider is obliged to provide medical care if this is necessary and the guest is unable to do so themselves.
The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against their legal successor in the event of death against his legal successor:
a) any reimbursement of medical expenses not yet paid by the guest;
b) for the necessary room disinfection, if this is ordered by the public health officer;
c) if necessary, compensation for the laundry, bed linen and bed furnishings that have become unusable, against delivery of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., insofar as these are connected with the illness, d) for the restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death;
e) for room rental, insofar as this is lost in connection with the illness or death due to the temporary unavailability of the rooms (minimum three, maximum seven days).
§ 15 Travel interruption and cancellation insurance
1 Unexpected serious illness of the insured guest. Pregnancy established after booking the trip is also recognized as a reason for incapacity to travel;
2. Serious accident or death of the insured guest;
3. Death, serious accident or unexpected serious illness of a family member (spouse or partner, parents, grandparents, step-parents, parents-in-law, siblings, children, stepchildren, children-in-law and grandchildren);
4. Significant material damage to the property of the insured guest at the place of residence as a result of a natural disaster (e.g. fire) or criminal act by a third party that necessitates his presence;
5. loss of employment through no fault of the insured guest as a result of termination of employment by the employer;
6. call-up of the insured guest for basic military or civilian service, provided that the competent authority does not accept the travel booking as a reason for postponing the summons;
7. Filing of a divorce petition immediately prior to a joint trip by the spouses concerned;
8. Arrival of an unexpected court summons, provided that the competent court does not accept the guest's travel booking as a reason for postponing the summons.
* Medically justified insured events must be confirmed in writing by the attending physician.
Please note: Existing medical conditions (see, however, Art. 13 ERV-RVB Hotel Industry 2007) are only insured if they unexpectedly become acute.
Price: € 15.00 per person (travel value under € 500.00 per room)
Price: € 25.00 per person (travel value from € 500.00 per room)
§ 16 Place of performance and jurisdiction
(1) The place of performance is the place in which the accommodation establishment is located.
(2) For all disputes arising from the accommodation contract, the court with subject-matter and local jurisdiction for the accommodation establishment is agreed, unless:
a) the guest as a consumer has a place of employment or residence in Germany; in this case, the place of jurisdiction is agreed as the place that was announced by the guest in the registration;
b) the guest as a consumer only has a domestic place of employment; in this case, this is agreed as the place of jurisdiction.
Please note that you can only pay your hotel bill as follows:
Owner, editor and publisher:
Fachverband Hotellerie, 1045 Vienna, Wiedner Hauptstraße 63.
Responsible for the content: Fachverband Managing Director Gabriele Leitner
Presseggersee 2
9620 Presseggersee bei Hermagor
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