General Terms & Conditions

§ 1 Scope of application

1.1 These General Terms and Conditions for the Austrian Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB version of 23 September 1981.

1.2 The AGBH 2006 do not exclude individual agreements. They are subsidiary to specifically agreed terms.

§ 2 Definitions

"Accommodation provider": A natural or legal person who accommodates guests for a fee.

"Guest": A natural person who makes use of the accommodation. The guest is usually also the contractual partner. Persons travelling with the contractual partner (family, friends etc.) also count as guests.

"Contractual partner": A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or for a guest.

"Consumer" and "entrepreneur": Terms within the meaning of the Austrian Consumer Protection Act 1979.

"Accommodation contract": The contract concluded between the accommodation provider and the contractual partner.

§ 3 Conclusion of contract — Down payment

3.1 The accommodation contract is concluded by acceptance of the contractual partner's order by the accommodation provider. Electronic declarations are deemed received when accessible to the addressed party under usual circumstances during published business hours.

3.2 The accommodation provider may make the contract conditional on a down payment. In this case, they must notify the partner of the required down payment before accepting the order.

3.3 The contractual partner is obliged to pay the down payment at the latest 7 days (received) before accommodation. Transaction costs (e.g. transfer fees) are borne by the partner.

3.4 The down payment is a partial payment on the agreed fee.

§ 4 Beginning and end of accommodation

4.1 Unless the provider offers another time, the contractual partner has the right to occupy the rented rooms from 4 p.m. on the agreed day ("arrival day").

4.2 If a room is occupied for the first time before 6 a.m., the previous night counts as the first night.

4.3 The rented rooms must be vacated by 12 noon on the day of departure. The provider may charge for an additional day if the rooms are not vacated on time.

§ 5 Cancellation — Cancellation fees

Cancellation by the provider

5.1 If the contract provides for a down payment and this is not paid in time, the provider may cancel the contract without further notice.

5.2 If the guest has not arrived by 6 p.m. on the agreed arrival day, the provider is not obliged to provide accommodation, unless a later arrival time has been agreed.

5.4 Up to 3 months before the agreed arrival day, the provider may cancel the contract by unilateral declaration for objectively justified reasons.

Cancellation by the contractual partner — cancellation fees

5.5 Up to 3 months before the agreed arrival day, the partner may cancel the contract free of charge by unilateral declaration.

5.6 Outside the period in § 5.5, cancellation is only possible against payment of the following cancellation fees:

• Up to 1 month before arrival: 40 % of the total package price
• Up to 1 week before arrival: 70 % of the total package price
• In the last week before arrival: 90 % of the total package price

Travel disruptions

5.7 If the partner cannot arrive on the day of arrival due to unforeseen extraordinary circumstances (e.g. extreme snowfall, flooding) making all travel impossible, they are not obliged to pay the agreed fee for the days of arrival.

§ 6 Substitute accommodation

6.1 The provider may offer the partner adequate substitute accommodation (of the same quality) where reasonable, especially if the deviation is minor and objectively justified.

6.3 Any additional costs for the substitute accommodation are borne by the provider.

§ 7 Rights of the contractual partner

7.1 By concluding an accommodation contract, the partner acquires the right to the customary use of the rented rooms and the facilities of the accommodation business that are usually accessible to guests, and to customary service.

§ 8 Obligations of the contractual partner

8.1 The partner is obliged to pay the agreed fee, plus any additional amounts arising from separately requested services and statutory VAT, at the latest at the time of departure.

8.3 The partner is liable to the provider for any damage caused by them, the guest or other persons accepting services with the partner's knowledge or will.

§ 9 Rights of the provider

9.1 If the partner refuses to pay the agreed fee or is in arrears, the provider has the legal right of retention pursuant to § 970c ABGB and the legal lien pursuant to § 1101 ABGB on items brought in by the partner or guest.

§ 10 Obligations of the provider

10.1 The provider is obliged to deliver the agreed services to a standard appropriate to the establishment.

§ 11 Liability of the provider for items brought in

11.1 The provider is liable in accordance with §§ 970 ff ABGB for items brought in by the partner.

11.2 Liability is excluded for slight negligence. If the partner is an entrepreneur, liability is also excluded for gross negligence.

11.3 For valuables, money and securities, the provider is liable only up to € 550. Beyond that, liability applies only if the items were knowingly accepted for safekeeping or if the damage was caused by the provider or their staff.

§ 13 Pets

13.1 Pets may only be brought into the accommodation business with prior consent and possibly against a special fee.

13.5 Pets are not permitted in the salons, communal rooms, restaurant rooms and wellness areas.

§ 17 Place of performance, jurisdiction and choice of law

17.1 Place of performance is the location of the accommodation business.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.

17.3 In bilateral business transactions, the exclusive place of jurisdiction is the seat of the provider.

§ 18 Miscellaneous

18.4 In case of regulatory gaps, the corresponding statutory provisions apply.

In case of any discrepancy, the German version remains legally binding.