GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Version dated 15 November 2006
Table of Contents – General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006)
§ 1 Scope of Application
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 4 Beginning and End of Accommodation
§ 5 Withdrawal from the Contract – Cancellation Fee
§ 6 Provision of Substitute Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider
§ 11 Liability for Property Brought into the Hotel
§ 12 Limitations of Liability
§ 13 Keeping of Animals
§ 14 Extension of the Accommodation
§ 15 Termination of the Contract – Early Dissolution
§ 16 Illness or Death of the Guest
§ 17 Place of Performance, Jurisdiction and Governing Law
§ 18 Miscellaneous
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (“AGBH 2006”) replace the previous ÖHVB in the version of 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. They are subsidiary to individual arrangements.
§ 2 Definitions
“Accommodation Provider” – A natural or legal person who accommodates guests for payment.
“Guest” – A natural person who uses accommodation services. The guest is usually also the contracting party. This term also includes persons arriving with the contracting party (e.g. family members, friends, etc.).
“Contracting Party” – A natural or legal person, domestic or foreign, who concludes an accommodation contract either as guest or on behalf of a guest.
“Consumer” and “Entrepreneur” – Defined according to the Austrian Consumer Protection Act 1979 as amended.
“Accommodation Contract” – The contract concluded between the accommodation provider and the contracting party, the content of which is regulated below.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded by the acceptance of the contracting party’s order by the accommodation provider. Electronic declarations are deemed received when they can be retrieved by the recipient under normal circumstances and during the accommodation provider’s business hours.
3.2 The accommodation provider may conclude the contract subject to payment of a deposit. In such case, the provider must inform the contracting party before accepting the order. Once the contracting party agrees to the deposit (in writing or orally), the contract becomes effective upon receipt of this consent.
3.3 The deposit must be received by the accommodation provider no later than seven days before arrival. Any bank fees are borne by the contracting party.
3.4 The deposit is a partial payment towards the agreed total price.
§ 4 Beginning and End of Accommodation
4.1 Unless otherwise specified, the guest may occupy the rented rooms from 4:00 p.m. on the agreed arrival day.
4.2 If a room is used before 6:00 a.m., the previous night counts as the first overnight stay.
4.3 Rooms must be vacated by 12:00 noon on the day of departure. If not, the accommodation provider may charge for an additional night.
§ 5 Withdrawal from the Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If a deposit is not paid on time, the provider may withdraw from the contract without notice.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival date, there is no obligation to provide accommodation unless a later arrival was agreed.
5.3 If a deposit was paid, rooms remain reserved until 12:00 noon the following day.
5.4 The provider may withdraw from the contract up to three months before the arrival date for objectively justified reasons.
Withdrawal by the Contracting Party
5.5 The contracting party may withdraw from the contract without payment of a cancellation fee up to three months before the arrival date.
5.6 Thereafter, cancellation is only possible upon payment of the following fees:
- up to 1 month before arrival: 40% of the total price
- up to 1 week before arrival: 70% of the total price
- during the last week before arrival: 90% of the total price
Travel Obstructions
5.7 If arrival is impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), no payment is due for the arrival days.
5.8 The payment obligation resumes if arrival becomes possible within three days.
§ 6 Provision of Substitute Accommodation
6.1 The accommodation provider may offer an adequate substitute of equal quality if reasonable and objectively justified.
6.2 This applies, for example, if the booked room becomes unusable, if overbooking occurs, or for other important operational reasons.
6.3 Any additional expenses for the substitute accommodation are borne by the provider.
§ 7 Rights of the Contracting Party
By concluding the accommodation contract, the contracting party acquires the right to the ordinary use of the rented rooms and all facilities of the establishment normally accessible to guests, as well as standard service in accordance with the house rules.
§ 8 Obligations of the Contracting Party
8.1 The contracting party must pay the agreed price including any additional services and VAT no later than at departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If accepted, exchange is made at the current rate, and all transaction costs are borne by the guest.
8.3 The contracting party is liable for any damage caused by themselves, their guests, or others using the services with their consent.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses payment, the provider may exercise a statutory right of retention and lien on the guest’s belongings (§§ 970c, 1101 ABGB).
9.2 Room service or service between 8:00 p.m. and 6:00 a.m. may incur an additional fee, shown on the price list.
9.3 The accommodation provider may issue interim invoices at any time.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider must perform the agreed services to the appropriate standard.
10.2 Additional chargeable services include, for example:
a) Use of salons, sauna, swimming pool, solarium, garage, etc.
b) Extra or children’s beds at a reduced rate.
§ 11 Liability for Property Brought into the Hotel
11.1 The accommodation provider is liable for items brought by the guest according to §§ 970 ff ABGB only if accepted or placed at a designated location.
Liability is limited to the statutory maximum or the amount covered by the provider’s liability insurance.
11.2 Liability for slight negligence is excluded; for entrepreneurs also for gross negligence. No compensation for indirect or consequential damages or lost profits.
11.3 Liability for valuables, money, or securities is limited to €550, unless expressly taken into safekeeping or damage was caused intentionally or negligently.
11.4 The provider may refuse storage of unusually valuable items.
11.5 Any loss must be reported immediately; claims expire three years after awareness.
§ 12 Limitations of Liability
12.1 For consumers, liability for slight negligence (except for personal injury) is excluded.
12.2 For entrepreneurs, liability for slight and gross negligence is excluded. No liability for consequential or non-material damages or loss of profit.
§ 13 Keeping of Animals
13.1 Animals may only be brought with prior consent and, if applicable, for an additional fee.
13.2 The contracting party must supervise the animal properly or have it supervised at their expense.
13.3 The contracting party must have liability insurance covering animal-related damages and present proof upon request.
13.4 The contracting party and their insurer are jointly liable for damages caused by the animal.
13.5 Animals are not allowed in salons, restaurants, or wellness areas.
§ 14 Extension of the Accommodation
14.1 The guest has no right to extend the stay; extension is subject to approval by the provider.
14.2 If departure is impossible due to extraordinary circumstances (e.g. snow, flood), the contract is automatically extended for the duration of the obstruction. Price reductions are only possible if services cannot be used fully.
§ 15 Termination of the Contract – Early Dissolution
15.1 Fixed-term contracts end automatically.
15.2 If the guest departs early, the provider may charge the full amount, deducting saved expenses or income from re-rental (proof by the guest).
15.3 The contract ends upon the guest’s death.
15.4 Open-ended contracts can be terminated by either party with three days’ notice before intended end.
15.5 Immediate termination by the provider is possible for serious reasons, e.g.:
a) improper or offensive behavior, criminal acts;
b) contagious illness or need for care;
c) non-payment within three days.
15.6 In case of force majeure preventing performance, the provider may terminate without notice; no damages owed.
§ 16 Illness or Death of the Guest
16.1 In case of illness, the provider arranges medical care on request or when urgently necessary.
16.2 If the guest cannot decide or no relatives can be reached, the provider ensures necessary care at the guest’s expense until relatives are informed.
16.3 The provider is entitled to reimbursement for:
a) medical and transport costs, medication;
b) disinfection;
c) unusable linen or furniture;
d) cleaning and restoration of rooms;
e) rent for occupied rooms and time of unavailability;
f) other damages incurred.
§ 17 Place of Performance, Jurisdiction and Governing Law
17.1 The place of performance is the location of the accommodation.
17.2 Austrian substantive and procedural law applies, excluding conflict-of-law rules and the UN Sales Convention.
17.3 For business transactions, exclusive jurisdiction lies at the provider’s seat, though the provider may sue elsewhere.
17.4 For consumers resident in Austria, legal actions may only be brought at their domicile, habitual residence, or place of employment.
17.5 For consumers residing in EU member states (except Austria), Iceland, Norway, or Switzerland, jurisdiction lies exclusively at their residence.
§ 18 Miscellaneous
18.1 Unless otherwise provided, deadlines begin upon delivery of the document establishing the period.
18.2 Notices must be received by 24:00 on the last day of the deadline.
18.3 The provider may offset claims against the contracting party; the latter may only offset if the provider is insolvent or the counterclaim is legally established.
18.4 In the event of gaps, the relevant statutory provisions apply.