Imprint & Terms and Conditions

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 is 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 conditions.

§ 3 Conclusion of contract, down payment
(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 makes a down payment.
(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 move into the rented rooms from 2 p.m. on the agreed day.
(2) 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 arrival date
, unless
a later arrival time has been agreed.
(3) If the guest has paid a deposit, the room (the
rooms) 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) The
accommodation contract can be canceled by both
contracting parties by means of a unilateral declaration no later than three months before the agreed date of arrival of the guest 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) The
accommodation contract can be canceled by either contracting party by unilateral declaration no later than one month before the agreed date of arrival of the guest, but a cancellation fee of 40% of the travel value must be paid.
Please refer to the table below for further cancellation costs!
(3) The accommodation provider has the right to withdraw from the contract in the event that 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 paid a deposit, the room (the
rooms) 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 the boarding service in
, he is obliged to pay the agreed
fee to the accommodation provider. However, the accommodation provider must deduct what he
has saved as a result of not using his services or what he 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
not providing 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 rooms not used
to other guests in accordance with the circumstances
(§ 1107 ABGB).
The cancellation conditions listed in clauses 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.
§ Section 6 Provision of alternative 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 (the
rooms) has become unusable, guests already 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 usually 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 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.
on the previous day.
(4) Otherwise, the guest shall not be entitled to compensation if the accommodation provider is willing to provide services and the
agreed meals are not taken 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 Agreement, the agreed remuneration shall be paid to
. Foreign currencies shall be accepted by the accommodation provider in payment at the daily exchange rate
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 is entitled to charge a reasonable compensation
(so-called "stoppage fee" for beverages).
(3) The consent of the
accommodation provider must be obtained before electrical appliances brought along by the guests
and which are not part of the usual travel requirements are put into operation.
(4) The provisions of
compensation law shall apply to any 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 it
, the owner 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 corresponding to the
standard.
(2) Special services of the accommodation provider which are not included in the
accommodation fee and which are subject to a surcharge:
a) Special accommodation services which may be charged separately
, such as the provision of lounges, sauna and indoor pool, swimming pool,
solarium, bunk beds, garaging, etc.
b) A reduced price
shall be charged for the provision of additional beds or cribs.
(3) The prices quoted must be inclusive prices.

§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider shall be liable for damages suffered by a guest if the damage
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 leaving and
entering 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 that the
damage was caused by himself or his employees and he is therefore
liable without limitation. A refusal of liability by 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 guests of the
establishment in question usually leave in safekeeping. Agreements by which liability is to be reduced below the level specified in the above paragraphs,
are invalid. Items 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
accommodation establishment. (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 are not allowed in the entire bathing and wellness area or in the restaurant rooms. We would also like to point out that pets must be kept on a lead throughout the hotel!
(2) The guest is liable for any damage caused by animals brought into the hotel 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 accommodation
(1) If the accommodation contract was agreed for a specific period, it shall end at
the end of the period. If the guest departs prematurely, the accommodation provider is entitled to demand the full
agreed remuneration.
However, the Proprietor shall be obliged to endeavor to rent the rooms not used
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 has been concluded for an indefinite period,
the contracting parties may terminate the contract at any time by giving three days' notice to
. 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 is 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
behaves in a reckless, offensive or otherwise grossly disorderly manner, or otherwise grossly improper behavior makes living together unpleasant for the other
residents or commits a punishable act against property, morality
or physical safety towards the
accommodation provider and its employees or a person living in the accommodation establishment
;
b) is afflicted with a contagious disease or a disease exceeding the duration of accommodation
or is in need of care;
c) fails to pay the invoice presented to him/her within a reasonable period of time set by
upon request.
(6) If the fulfillment of the contract becomes impossible due to an event
to be regarded as force majeure, the contract shall be terminated.
However, the Proprietor shall be obliged to return the remuneration already received
on a pro rata basis so that it does not derive any 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 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 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, reimbursement for linen, bed linen and
bed furnishings that have become unusable, against handover 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., if necessary.,

or damaged in connection with the illness or death;
e) for the rent for the room if it is temporarily unavailable due to the illness or
death (at least three,
at most seven days).

§ 15 Trip interruption and cancellation insurance
1. unexpected serious illness of the insured guest. Pregnancy determined 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 which 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 for 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 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 where 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 shall be agreed, unless:
a) the guest as a consumer has a place of employment or
residence in Austria; in this case, the place of jurisdiction shall be the place specified by the guest in the
registration;
b) the guest as a consumer only has a domestic place of employment; 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, editor and publisher:
Fachverband Hotellerie, 1045 Vienna, Wiedner Hauptstraße 63.
Responsible for the content: Association Managing Director Gabriele Leitner