Imprint & Terms and Conditions

AGB - Austrian Hotel Contract Conditions (PDF, 41KB)

Lodging establishment

§ 1 General
The (general) Austrian Hotel Contract Conditions represent the
contract content with which Austrian accommodation providers usually conclude accommodation contracts with their guests at
.
The Austrian Hotel Contract Conditions do not exclude special agreements
.

§ 2 Contracting party
(1) In case of doubt, the customer shall be deemed the contracting party of the accommodation provider, even if
he has made the reservation or co-reservation for other named persons.
(2) Persons making use of the accommodation are guests within the meaning of the
terms and conditions.

§ 3 Conclusion of contract, deposit
(1) The accommodation contract is generally concluded when the accommodation provider accepts the guest's written
or verbal order.
(2) It may be agreed that the guest shall pay a deposit.
(3) The accommodation provider may also demand advance payment of the entire agreed remuneration.

§ 4 Start and end of accommodation
(1) The guest has the right to occupy the rented rooms from 2 p.m. on the agreed day.
(2) The accommodation provider has the right to withdraw from the contract if the guest does not arrive by 6 p.m. on the agreed day of arrival
, unless a later arrival time has been agreed
.
(3) If the guest has made a deposit, the room(s)
will remain reserved until 11 a.m. on the following day at the latest.
(4) If a room is used for the first time before 6 a.m., the previous night counts as the first night's stay.
(5) The guest must vacate the rented rooms by 11 a.m. on the day of departure.

§ 5 Withdrawal from the accommodation contract
(1) Up to three months before the agreed arrival date of the guest, the
accommodation contract can be terminated by either
contracting party without payment of a cancellation fee by means of a unilateral declaration.
The declaration of cancellation must be in the hands of the contracting party at least three months before the agreed arrival date of the guest.
(2) Up to one month before the agreed arrival date of the guest, the
accommodation contract can be terminated by both contracting parties by unilateral declaration, but a cancellation fee of 40% 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 if the guest does not arrive by 6 p.m. on the agreed arrival date
, unless a later arrival time has been agreed
.
(4) If the guest has made a deposit, the room (rooms)
will remain reserved until 12 noon on the following day at the latest.
(5) Even if the guest does not make use of the rooms ordered or the boarding services
, he is still obliged to pay the agreed
fee to the accommodation provider. However, the accommodation provider must deduct any savings made as a result of the guest not making use of the services offered
or any income received from
renting the rooms ordered to other guests.
Experience shows that in most cases the savings made by the business as a result of
the non-provision of services will amount to 20 percent of the room price and 30 percent of the
catering price.
(6) The accommodation provider is obliged to make every effort to rent the rooms not used in
to other parties, depending on 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 Vienna Regional Court of Appeal as the cartel court under 26 Kt 79/03.
§ 6 Provision of alternative accommodation
(1) The accommodation provider may provide the guest with adequate alternative accommodation
if this is reasonable for the guest, particularly because the deviation is minor
and objectively justified.
(2) An objective justification is given, for example, if the room (the
rooms) has become unusable, guests who have already been accommodated extend their stay
or other important operational measures necessitate this step.
(3) Any additional expenses for the replacement 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 normally and without special conditions accessible to guests for use, 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 has the right to request appropriate replacement meals
(packed lunch) or a voucher for meals that they do not consume, provided that they have notified the accommodation provider in good time, i.e. by 6 p.m.
on the previous day.
(4) Otherwise, if the guest does not take the
agreed meals within the usual daily times and in the
designated rooms, he shall have no claim to compensation, provided that the accommodation provider is willing to provide the service.

§ 8 Obligations of the guest
(1) Upon termination of the accommodation contract, the agreed remuneration is to be paid to
. Foreign currencies will be accepted by the accommodation provider at the daily exchange rate
, if possible.
The accommodation provider is not obliged to accept cashless means of payment such as checks,
credit cards, vouchers, etc.
All costs necessary for the acceptance of these securities, such as telegrams,
inquiries, etc., shall be borne by the guest.
(2) If food or beverages are available at the accommodation establishment but are brought in from outside and consumed in public areas, the accommodation provider is entitled to charge a reasonable compensation fee (so-called "Stoppelgeld" for beverages).


(3) Before using electrical devices brought along by guests
that are not part of the usual travel requirements, the consent of the
accommodation provider must be obtained.
(4) The provisions of
damage compensation law apply to damage caused by the guest. Therefore, the guest is 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 payment
, the owner of the accommodation establishment has the right to retain the items brought in by the guest in order to secure his claim for accommodation and meals as well as his
expenses for the guest.
(§ 970 c ABGB statutory right of retention.)
(2) The accommodation provider has a 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. The accommodation provider 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 a standard in line with
.
(2) Special services provided by the accommodation provider that are subject to a surcharge and are not included in the accommodation fee:

a) Special accommodation services that can be invoiced separately
, such as the provision of lounges, sauna and indoor pool, swimming pool,
solarium, floor bathroom, garage parking, etc.
b) A reduced price
is charged for the provision of additional beds or cots.
(3) The prices quoted must be inclusive prices.

§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider is liable for damages suffered by a guest if the damage
occurred within the scope of the business and the accommodation provider or its employees are at fault
.
(2) Liability for items brought onto the premises. In addition, the accommodation provider is liable as a custodian for items brought onto the premises by guests up to a maximum amount of €1,100.00, unless he can prove that the damage was neither caused by him or one of his employees nor by third parties entering or leaving the premises.
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 custody with knowledge of their nature or unless the
damage was caused by himself or his employees and he is therefore
liable without limitation. A disclaimer of liability by notice is legally ineffective without
effect.
The safekeeping of valuables, money, and securities may be refused,
if these items are significantly more valuable than those usually entrusted to the care of guests of the
establishment in question. Agreements that seek to reduce liability below the level specified in the above paragraphs,
are invalid. Items are considered to have been brought in when they are taken over by a person employed by the accommodation provider
or placed in a designated location assigned by that person
. (In particular, §§ 970 ff.
ABGB.)

§ 12 Keeping animals
(1) Animals may only be brought into the accommodation facility with prior approval and, if necessary, for a special
fee.
Animals are not allowed in the entire bathing and wellness area or in the restaurant rooms. Furthermore, we would like to point out that dogs must be kept on a leash throughout the hotel!
(2) Guests are liable for any damage caused by animals brought onto the premises, in accordance with
the legal provisions applicable to animal owners (§ 1320 ABGB).

Section 13 Extension of accommodation
Any extension of the guest's stay requires the consent of the accommodation provider
.

§ 14 Termination of accommodation
(1) If the accommodation contract was agreed for a specific period, it shall end upon expiry of that period.
If the guest departs prematurely, the accommodation provider shall be entitled to demand the full
agreed remuneration.
However, the accommodation provider is obliged to make every effort to re-let the rooms not used by the guest, in accordance with the circumstances.
In all other respects, the provision in § 5 (5) applies mutatis mutandis (deduction percentages).
(2) The contract with the accommodation provider ends 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 with three days' notice.
The notice of termination must reach the contracting party before 10 a.m.,
otherwise this day shall not be considered the first day of the notice period, but rather the
following day.
(4) If the guest does not vacate their room by 12 noon, the accommodation provider is entitled to charge
the room price for an additional day.
(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect
if the guest
a) makes significantly detrimental use of the premises or, through
his inconsiderate, offensive, or otherwise grossly inappropriate behavior, makes living together unpleasant for the other
cohabitants or is guilty of an act punishable by law against the property, morality
or physical safety of the
accommodation provider and his staff or a person living in the accommodation establishment
;
b) is afflicted by a contagious disease or a disease that exceeds the duration of the accommodation
or requires care;
c) does not pay the invoice presented to him upon request within a reasonable period of time
.
(6) If the fulfillment of the contract becomes impossible due to an event that can be considered 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 profit from the event. (§ 1447 ABGB.)

§ 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 arrange medical care if this is necessary and
the guest is unable to do so themselves.
The accommodation provider is entitled to reimbursement of the following costs from the guest or, in the event of
death, from their 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, reimbursement for laundry, bed linen, and
bedding that has 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 have been contaminated
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 unusability of the rooms (at least three,
at most seven days).

§ 15 Trip interruption and cancellation insurance
1. Unexpected serious illness of the insured guest. Pregnancy discovered after booking the trip is also recognized as a reason for inability 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, step-children, children-in-law, and grandchildren);
4. Significant damage to the insured guest's property at their place of residence as a result of a natural disaster (e.g., fire) or a criminal act by a third party that requires their presence;
5. Loss of employment through no fault of their own as a result of the insured guest being dismissed by their employer;
6. Call-up for basic military or civilian service of the insured guest, provided that the competent authority does not accept the travel booking as a reason for postponing the call-up;
7. Filing for divorce immediately before a joint trip by the spouses concerned;
8. Receipt 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 insurance claims must be confirmed in writing by the attending physician.

Please note: Existing conditions (see, however, Art. 13 ERV-RVB Hotellerie 2007) are only insured if they become unexpectedly 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 location of the accommodation provider.
(2) For all disputes arising from the accommodation contract, the court with jurisdiction over the accommodation provider
shall be agreed upon, except:
a) the guest, as a consumer, has a place of employment or
residence in Germany; in this case, the place of jurisdiction shall be the location specified by the guest in the
registration;
b) the guest, as a consumer, only has a place of employment in Germany; in this
case, this shall be agreed as the place of jurisdiction.

Please note that you can only pay your hotel bill as follows:

• Bar
• Advance bank transfer
• ATM or EC card

Owner, publisher, and editor:
Fachverband Hotellerie (Professional Association of the Hotel Industry), 1045 Vienna, Wiedner Hauptstraße 63.
Responsible for content: Professional Association Managing Director Mag. Gabriele Leitner