Terms
2006 GENERAL TERMS AND CONDITIONS FOR THE
HOTEL INDUSTRY
(AGBH 2006)
as of 15 November 2006
§ 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referredto as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions]as amended on 23 September 198
1.1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall besubsidiary to agreements made on an individual basis.
§ 2 Definitions
2.1 Definitions:
“Proprietor”: means an individual or entity that accommodatesguests against remuneration.“Guest”: means an individual that uses accommodation.Usually the guest is also theParty. Guests also include those personsthat are accommodated togetherwith such Party (e.g. family members,friends etc.).
“Party”: means a domestic or foreign individualor entity that enters into an AccommodationAgreement as a Guest or for aGuest.
“Consumer” and“Entrepreneur”: these terms shall be construed as definedby the 1979 Consumer ProtectionAct (Konsumentenschutzgesetz) asamended.
“AccommodationAgreement”: means the agreement made betweenthe Proprietor and the Party, the contentsof which are specified below.
§ 3 Execution of the agreement – Down payment
3.1 The Accommodation Agreement shall be deemed entered into upon the acceptanceof the Party’s order by the Proprietor. Electronic declarations shall bedeemed received when they can be collected by the party to which they are addressedunder normal circumstances provided that they are received during thepublished business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement underthe condition that the Party makes a down payment. In such event, the Proprietorshall be obliged to inform the Party of the required down payment beforeaccepting the written or oral order of the Party. If the Party agrees to the downpayment (in writing or orally), the Accommodation Agreement shall be deemedentered into upon the receipt of the Party’s declaration of consent on the downpayment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 7 days (receipt)before the accommodation. The costs for the financial transaction (e.g. remittancefee) shall be paid by the Party. Credit and debit cards shall be subject tothe terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.
§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers any other time of occupancy, the Party shall be entitledto move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shallbe deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the date of departure.The Proprietor shall be entitled to charge another day if the rented roomsare not vacated in time.
§ 5 Rescission of the Accommodation Agreement – Cancellation feeRescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and such downpayment has not been made by the Party in time, the Proprietor may rescind theAccommodation Agreement without granting any grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietorshall not be obliged to accommodate them unless a later time of arrival hasbeen agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserveduntil 12.00 noon on the day following the date of arrival at the latest. If adown payment to the amount of more than four days has been made, the obligationto accommodate the Guest shall end on 6.00 p.m. on the fourth day, the dateof arrival being deemed the first day, unless the Guest informs the Proprietor of alater date of arrival.
5.4 Unless otherwise agreed upon, the Proprietor may rescind the AccommodationAgreement for objectively justified reasons by means of a unilateral declarationby 3 months before the agreed date of arrival of the Party.Rescission by the Party – Cancellation fee
5.5 The Party may rescind the Accommodation Agreement by means of a unilateraldeclaration by 3 months before the agreed date of arrival of the Guest without beingliable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the AccommodationAgreement by means of a unilateral declaration subject to the followingcancellation fees:- 40% of the total agreed price by 1 month before the date of arrival;- 70% of the total agreed price by 1 week before the date of arrival;- 90% of the total agreed price within the last week preceding the date of arrival.53 months ormore3 months to 1month1 month to 1weekup to 1 weekno cancellationfee40% 70% 90%Prevention from arrival.
5.7 If the Party is prevented from arriving at the accommodating establishment on thedate of arrival since this is impossible due to unforeseeable extraordinary events(e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay theagreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon asthe arrival becomes possible again provided that it becomes possible within threedays.
§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation(of the same quality) provided that this is reasonable for the Party,particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the room(s) has(have) become unusable, guests that have already been accommodated prolongtheir stay, the establishment is overbooked or this becomes necessary due to otherimportant operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid bythe Proprietor.
§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the rightto make normal use of the rented rooms and the facilities of the accommodatingestablishment that are usually accessible to the guests for use without any specialconditions and of the usual service. The Party shall exercise their rights in accordancewith any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the Party
8.1 The Party shall be obliged to pay the agreed remuneration plus any extra amountsthat have arisen from the use of special services by the Party and/or the accompanyingguests plus any applicable VAT by the date of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietoraccepts foreign currencies, such shall be accepted at the current price if possible.If the Proprietor accepts foreign currencies or cashless means of payment, theParty shall pay any associated costs, e.g. for inquiries with credit card companies,telegrams etc.
8.3 The Party shall be liable towards the Proprietor for any damage caused by themselvesor the Guest or any other persons that receive services of the Proprietorwith the knowledge or in accordance with the intention of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietorshall be entitled to make use of the legal right of retention in accordancewith § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordancewith § 1101 of ABGB with respect to the items brought along by the Party or theGuest. Furthermore, the Proprietor shall be entitled to make use of this right ofretention or lien in order to secure its claims under the Accommodation Agreement,particularly for catering, other expenses made for the Party and for anykind of damage claims.
9.2 If services are requested in the room of the Party or during unusual times of theday (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled tocharge an extra remuneration. However, such extra remuneration shall be indicatedon the price board for the room. The Proprietor may also refuse such servicesfor operational reasons.
9.3 The Proprietor shall be entitled to issue invoices or interim invoices for its servicesat any time.
§ 10 Obligations of the Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to an extent thatcomplies with its standards.
10.2 Extra services of the Proprietor that must be indicated accordingly since they arenot included in the accommodation remuneration shall, by way of example, include:a) Extra accommodation services that may be invoiced separately, such asthe provision of lounges, sauna, indoor and/or outdoor swimming pool,solarium, garages etc.;b) A reduced price shall be charged for the provision of additional beds orcribs.
§ 11 Liability of the Proprietor for damage to items of guests
11.1 The Proprietor shall be liable for the items brought along by the Party in accordancewith §§ 970 ss of ABGB. The Proprietor shall only be liable if the itemshave been handed over to the Proprietor or the persons authorised by the Proprietoror deposited in a place assigned by such or intended for such purpose. Unlessthe Proprietor provides other evidence, the Proprietor shall be liable for its ownfault or the fault of its vicarious agents and visitors. In accordance with § 970 sec.1 of ABGB, the Proprietor shall only be liable up to the amount specified in theAustrian law on the liability of landlords and other entrepreneurs of 16 November1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer)as amended. If the Party or the Guest fails to immediately comply with the Proprietor’srequest to deposit their items in a special deposit, the Proprietor shall bereleased from any liability. The amount of any liability of the Proprietor shall belimited to a maximum of the sum insured under the third-party liability insuranceof such Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur,the Proprietor may neither be held liable for gross negligence. In suchevent, the burden of proof to show the fault shall lie with the Party. No consequentialor indirect damage and no loss of profit shall be reimbursed.
11.3 The Proprietor shall only be liable for valuables, money and securities up to anamount of currently €550.--. The Proprietor shall only be liable for any exceedingdamage in the event it has accepted such items for deposition knowing their qualityor in the event the damage has been caused by itself or its vicarious agents.The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.
11.4 The Proprietor may refuse to deposit valuables, money and securities if the itemsare significantly more valuable than those usually handed over for deposition bythe guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Party and/or Guestfails to immediately notify the Proprietor of the occurred damage. Furthermore,such claims shall be asserted in court within three years from their knowledge orpossible knowledge to the Party and/or Guest; otherwise, the right shall becomeextinct.
§ 12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor may not be held liable for slight negligence,except for bodily injury.
12.2 If the Party is an Entrepreneur, the Proprietor may not be held liable for slight orgross negligence. In such event, the burden of proof to show the fault shall liewith the Party. No consequential, non-material or indirect damage and no loss ofprofit shall be reimbursed. The damage to be reimbursed shall at any case be limitedto the amount of the damage incurred because the Party has relied on the validityof the agreement (Vertrauensinteresse).
§ 13 Animals
13.1 Animals may only be brought to the accommodating establishment with the priorconsent of the Proprietor and against extra remuneration.
13.2 The Party bringing along an animal shall be obliged to properly keep and/or supervisesuch animal during their stay or to have it kept and/or supervised by aqualified third party at their own expense.
13.3 The Party and/or Guest bringing along an animal shall have an according animalliability insurance and/or personal liability insurance that covers any potentialdamage caused by animals. Evidence of such insurance shall be provided to theProprietor upon request.
13.4 The Party and/or their insurance company shall be jointly and severally liabletowards the Proprietor for any damage caused by the animals brought along. Suchdamage shall particularly also include any compensation to be paid by the Proprietorto third parties.
13.5 Animals shall not be permitted to enter the lounges, saloons, restaurants andwellness zones.
§ 14 Prolongation of the accommodation
14.1 The Party may not claim for a prolongation of their stay. If the Party informs theProprietor in time that they intend to prolong their stay, the Proprietor may consentto a renewal of the Accommodation Agreement. However, the Proprietorshall not be obliged to do so.
14.2 If the Party is prevented from leaving the accommodating establishment on thedate of departure since all ways of travel are blocked or unusable due to unforeseeableextraordinary events (e.g. extreme snowfall, floods etc.), the AccommodationAgreement shall automatically be renewed for the duration of such preventionfrom departure. The remuneration to be paid for this period may only be reducedif the Party is unable to fully use the offered services of the accommodatingestablishment due to the extraordinary weather conditions. The Proprietorshall be entitled to charge as a minimum the remuneration corresponding to theprice usually charged in the low season.
§ 15 Termination of the Accommodation Agreement – Early cancellation
15.1 If the Accommodation Agreement has been made for a definite term, it shall endupon the expiry of such term.
15.2 If the Party leaves prematurely, the Proprietor shall be entitled to charge the totalagreed remuneration. The Proprietor shall deduct anything saved due to the failureto use its scope of services or maintained by letting the booked rooms to otherguests. Such savings shall only be deemed to exist if the capacities of the accommodatingestablishment are fully used upon the Guest’s failure to use thebooked rooms and the room can be let to other guests due to the cancellation bythe Party. The burden of proof to show that savings have been made shall lie withthe Party.
15.3 Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Partiesmay terminate the Agreement by 10.00 a.m. of the third day preceding the intendedend of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement withimmediate effect for important reasons, particularly if the Party and/or the Guesta) makes significantly adverse use of the rooms or makes their stay intolerablefor the other guests, the owner, its vicarious agents or the third parties stayingat the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, moralityor physical safety towards these persons that is subject to penalty;b) suffers of a contagious disease or a disease the duration of which exceedsthe term of accommodation or otherwise is in need of care;c) fails to settle the presented invoices when they become payable within a reasonablyset period (3 days).
15.6 If the performance of the Agreement becomes impossible due to circumstances tobe deemed events of force majeure (e.g. acts of God, strike, lockout, official ordersetc.), the Proprietor may terminate the Accommodation Agreement at anytime without giving prior notice unless the Agreement is already deemed terminatedunder the law or the Proprietor is released of its obligation to accommodatethe Party. Any claims for damages etc. by the Party shall be excluded.
§ 16 Sickness or death of the Guest
16.1 If a Guest gets sick during their stay at the accommodating establishment, theProprietor shall arrange for medical care at the request of the Guest. In the eventof imminent danger, the Proprietor shall arrange for medical care even withoutthe special request of the Guest, particularly if this is necessary and the Guest isunable to do so themselves.
16.2 As long as the Guest is unable to make decisions or it is not possible to contactthe family of the Guest, the Proprietor shall arrange for medical care at the expenseof the Guest. However, the extent of such care shall end as soon as theGuest is able to make decisions or their family has been informed about the sickness.
16.3 The Proprietor shall particularly be entitled to damages from the Party or theGuest or, in the event of their death, their successors for the following expenses:a) unsettled medical costs, costs for ambulance transports, drugs and medicalaidsb) room disinfections that have become necessary,c) linen, bed sheets and bed furnishing that have become unusable, or otherwisethe disinfection of thorough cleaning of all of these items,d) restoration of walls, furniture, carpets etc. if such have been contaminated ordamaged in relation with the sickness or death,e) rent for the room, provided that it has been occupied by the Guest, plus anydays during which the rooms are unusable due to disinfection, vacation etc.,f) any other damage incurred by the Proprietor.
§ 17 Place of performance, place of jurisdiction and applicable law
17.1 The place of performance shall be the place where the accommodating establishmentis situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantiallaw under exclusion of the provisions of international private law (particularlyIPRG [Austrian act on international private law] and the Rome Convention of1980) and the UN Sales Convention.
17.3 If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be thedomicile of the Proprietor; however, the Proprietor shall also be entitled to assertits rights before any other court that is competent for the location and matter.
17.4 If the Accommodation Agreement has been made with a Party that is a Consumerwho has their domicile or ordinary residence in Austria, actions against the Consumermay exclusively be filed at the domicile, ordinary residence or place ofwork of such Consumer.
17.5 If the Accommodation Agreement has been made with a Party that is a Consumerwho has their domicile in a member state of the European Union (except for Austria),Iceland, Norway or Switzerland, the court that is competent for the domicileof the Consumer in the event of actions against the Consumer in the relevant mattershall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, any time limits shall startupon the document by which such time limit is instructed being delivered to theParty that must comply with the time limit. When calculating a time limit basedon days, the day of the moment or event to which the start of the time limit refersshall not be included in the calculation. Time limits based on weeks or monthsshall refer to the day of the week or month that corresponds to the day startingfrom which the time limit is to be counted according to its name or number. If therelevant month lacks such day, it shall be replaced with the last day of suchmonth.
18.2 Any declarations shall be received by the other party by the last day of the timelimit (12.00 midnight).
18.3 The Proprietor shall be entitled to offset any of its claims against claims of theParty. The Party shall not be entitled to offset any of its claims against claims ofthe Proprietor unless the Proprietor is insolvent or the Party’s claim has been establishedby a court or acknowledged by the Proprietor.
18.4 If any gaps arise in relation with the Agreement, the applicable legal provisionsshall apply.