GENERAL TERMS AND CONDITIONS FOR THE
HOTEL INDUSTRY 2006
Version of 15.11.2006
Take me to:
§ 1 2
§ 2 Definition of Terms 2
§ 3 Conclusion - Deposit ............................................. .................................................. .. 3
§ 4 Start and end of accommodation ........................................... ............................................... 3
§ 5 Withdrawal from the Accommodation Agreement - Cancellation fee ........................................... .................... 4
§ 6 Provision of substitute accommodation ............................................. ................................................ 5
§ 7 Rights of 5
§ 8 Obligations of the contractor ............................................. .................................................. .... 6
§ 9 Rights of the Proprietor 6
§ 10 Obligations of the 7
§ 11 Liability of the Proprietor for any damage to items ........................................ ..... 7
§ 12 Limitation of Liability 8
§ 13 animal husbandry 8
§ 14 Extension of accommodation ............................................. .................................................. . 9
§ 15 Termination of the Accommodation Agreement - Early cancellation .......................................... .. 9
§ 16 Illness or Death of a Guest in the Accommodation Agreement ......................................... ........... 10
§ 17 Place of Performance, Jurisdiction and Choice of Law ........................................... ............................... 11
§ 18 12
§ 1 Scope
1.1 These terms and conditions for the hotel (the
"AGBH 2006") replace the existing ÖHVB as amended, 23 September
1.2 The AGBH 2006 does not exclude special agreements. The AGBH 2006
are subsidiary to the individual agreements.
§ 2 Definition of Terms
"Proprietor" means an individual or legal
Person that accommodates guests for a fee.
"Guest": Is a natural person, the property
consuming. The guest
is usually also the Party.
Guests also include those persons
arriving by contractors
(Eg family members, friends
"Contractor" means an individual or legal entity
at home or abroad, as
Guest or a guest has a contract for accommodation
"Contractor": The terms are according to the Consumer Protection Act
1979 as amended to
Is that between the Proprietor and
the contractor completed
Contract, the contents of which are closer
§ 3 Conclusion - Deposit
3.1 The accommodation contract is through the adoption of the order of the Party
by the Proprietor. Electronic statements are
deemed to be received when the party for whom they are intended, among these common
Circumstances can retrieve and access to the published business hours
the accommodation is.
3.2 The Proprietor shall be entitled to terminate the contract for accommodation under the condition
conclude that the Party makes a down payment. In this case is
the Proprietor shall, before accepting the written or oral
Order of the Party, the Party of the required deposit
pointed out. Explained by the contractor with the payment (in writing
or written) consent of the accommodation contract is with the access
Consent for the payment of the deposit of the contractor
the accommodation provider.
3.3 The contractor is obliged to deposit at least 7 days (receipt)
to pay the Accommodation. The cost for the financial transaction (eg
Transfer fees) borne by the contractor. Apply for credit and debit cards
The conditions of the card companies.
3.4 The deposit is part payment of the agreed fee.
§ 4 Start and end of accommodation
4.1 The contractor shall be entitled to the Proprietor any other time
serving, the leased premises from 16.00 clock on the agreed date ("arrival")
4.2 If a room is first taken before 6:00 clock early in the claim, then one
The previous night the first night.
4.3 The rented rooms by the contractor on the date of departure
Vacate 12.00 clock. The accommodation provider is entitled to an additional day
To make statements, if the leased premises not vacated in time
§ 5 Withdrawal from the Accommodation Agreement - Cancellation fee
Rescission by the Proprietor
5.1 If the accommodation contract and a deposit, the deposit
the contractor is not paid on time, the Proprietor may not
Respite from the accommodation contract.
5.2 If not, the guest clock to 18:00 on the agreed arrival day appears, is
No accommodation required, unless a later arrival time
5.3 If the contractor a deposit (see 3.3) has done so, however, remain
the premises by 12.00 Clock of the agreed date of arrival
following day reserved. In advance of more than four days, ending the
Accommodation requirement of 18 clock of the fourth day, with the arrival as
first day is expected, unless the guest is a later arrival
5.4 Up to 3 months prior to arrival of the contractor
The accommodation contract can by the Proprietor, for justifiable
Reasons, unless it is otherwise agreed, by a unilateral
Declaration to be resolved.
Cancellation by the Party - Cancellation fee
5.5, no later than 3 months before the stipulated date of arrival of
Accommodation contract without any cancellation fee unilaterally
be resolved by the parties.
5.6 Outside of the § 5.5. specified period, a withdrawal by one-sided
Explanation of the contractor only under the following cancellation fees
- Up to 1 month prior to arrival 40% of the total agreed price;
- Until 1 week before arrival 70% of the total agreed price;
- In the last week before the arrival 90% of the total package price.
to 3 months 3 months to 1
1 month to 1
In the last
No cancellation fees
40% 70% 90%
Prevention from arrival
5.7 If the contract does not on the day of arrival at the lodging establishment
appear because of unforeseen extraordinary circumstances (eg extreme
Snowfall, floods etc.), all the travel possibilities impossible
are, is the contracting party is not obliged to make the agreed payment for the days
to pay the check.
5.8 The obligation to pay compensation for the booked stay shall revive as possible arrival
again, if the check back within three days available
§ 6 Provision of alternative accommodation
6.1 The Proprietor may provide the Party or the guests with adequate alternative accommodation
(Same quality) provide, if the contractor
reasonable, especially if the difference negligible and factually
6.2 An objective justification is given, for example, if the room
(S) has been closed (are) already resident guest their
Extended stay, the establishment is overbooked or other operational
Measures require this step.
6.3 Any additional expenses for alternative accommodation at the expense of the Proprietor.
§ 7 Rights of the contractor
7.1 By entering into an accommodation contract gives the contractor
the right to the normal use of the leased premises, facilities
the lodging establishment, the usual way and no special conditions
for usage by guests are available, and the usual service.
The party has its rights under any applicable hotel and / or guests Policies
(House Rules) exercise.
§ 8 Obligations of the contractor
8.1 The contractor is required to send at the time of departure, the
agreed fee plus any additional amounts due to the separate
Performance claims made by him and / or created the accompanying guests
have to be paid plus applicable sales tax.
8.2 The Proprietor is not obliged to accept foreign currencies. Accepted
Proprietor of foreign currencies, when feasible, to this day course
accepted in payment. If the accommodation provider or foreign currencies
accept cashless means of payment, shall be borne by the contractor so that all
related costs, such inquiries with credit card companies,
8.3 The contractor shall be liable towards the Proprietor for any damage he
or the guest or other person with the knowledge or intention of the Party
Receive services of the Proprietor cause.
§ 9 Rights of the Proprietor
1.9 If the Party refuses to pay the amount agreed upon or is
he is in arrears, the Proprietor of the statutory lien
pursuant to Civil Code § 970c and the statutory lien pursuant to § 1101
Civil Code to the contractor or the items brought by the guest.
This retention or lien is to secure Furthermore, the Proprietor
its claims under the contract for accommodation, especially for food,
other expenses that have been made to the contractor and
for any damages of any kind to.
9.2 If the service in the room of the contractor or at unusual
Times of the day (after 20.00 and before 6.00 Clock Clock) is required, the Proprietor
entitled to demand a special fee. This special supplement is to be
stated on the room price notice. The hotelier can these services
rejected for operational reasons.
9.3 The Proprietor shall have the right at any time or interim invoices for billing
his power to.
§ 10 Duties of Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services in its
To provide appropriate standard.
10.2 Extra services of the Proprietor, not in the accommodation fee
included, are examples:
a) Extra accommodation services that billed separately
may be, such as the provision of salons, sauna, indoor pool,
Swimming pool, solarium, garage, etc;
b) for the provision of additional beds or cribs is a reduced
§ 11 Liability of the Proprietor for any damage to items
11.1 The Proprietor shall be liable pursuant to § § 970 ff Civil Code for the party brought in
Things. The liability of the hotelier is given only when
the goods to the Proprietor or the persons authorized by the Proprietor to pass
or deposited in a dependent or intended for such purpose of this site
have been. Unless the Proprietor of the other evidence, the hotelier is liable
for its own fault or that of its servants and
incoming and outgoing person. The accommodation provider is liable under § 970 para 1
Than up to the Civil Code of the Federal Law of 16 November 1921 on the
Liability of innkeepers and other entrepreneurs in the current version
fixed amount. If the contractor or the guest of the request
to deposit with the Proprietor his things in a special deposit
not immediately after, the accommodation is exempt from all liability.
The amount of any liability of the hotelier is maximal with the
Liability insurance of such Proprietor limited. A fault
the contractor or the score is taken into account.
11.2 The liability of the hotelier is liable for slight negligence. Is
the Party is a contractor is not liable for gross negligence
excluded. In this case, the Party shall bear the burden of proof
for the existence of fault. Consequential or indirect damages as well as
lost profits are not replaced.
11.3 For valuables, money and securities, the Proprietor shall be liable only up to the amount
from the current € 550, -. The accommodation provider is liable for any exceeding
Damage only in the event that these things in his knowledge of their condition
accepted for storage has or in the case that the damage of
himself or his people were in debt. The limitation of liability
accordance with 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The safekeeping of valuables, money and securities, the Proprietor
Reject if it is significantly more valuable items than
Guests of the lodging establishment usually give into custody.
11.5 In any case, the deposition, liability is excluded,
if the other party and / or visiting the damage that has occurred from knowledge
not delay the Proprietor. Moreover, these claims within
three years of knowledge or possible knowledge by the contractor
or guest to make a court of law, otherwise the right is extinguished.
§ 12 Limitation of Liability
12.1 If the contractor is a consumer, the liability of the hotelier for
ordinary negligence, with the exception of personal injury are excluded.
12.2Ist the Party is an entrepreneur, is the responsibility of the Proprietor for
slight and gross negligence. In this case, the Party
the burden of proof for the existence of fault. Consequential damages,
intangible, or indirect damages or lost profits
not replaced. The damage to be found in every case be limited to the
Confidence level of interest.
§ 13 animal husbandry
13.1 Animals allowed only with prior consent of the Proprietor and
be brought against extra remuneration in the accommodation.
13.2 The Party, bringing along an animal is obliged to apply the animal during
his stay in custody or properly supervise or
keep this at his own expense by a qualified third party or to supervise
13.3 The contractor or guest who brings an animal has a corresponding
Pet insurance or a private insurance who
and possible damage caused by animals does to dispose of. The proof
the appropriate insurance is the Proprietor upon request to
13.4 The contractor or their insurance company liable towards the Proprietor for
jointly and severally for the damage their pets cause. The damage
specifically includes those replacements with the Proprietor of the
Accommodation shall be provided to third parties.
5.13 may in the lounges, corporate, restaurants and wellness area
Animals do not stay.
§ 14 Extension of accommodation
14.1 The contractor shall not be entitled to have his stay extended
is. If the Party's request for extension of stay
time to, so the Proprietor of the extension of the accommodation contract
. agree The Proprietor makes no commitment to.
14.2 If the contract does not on the day of departure the accommodation
leave because of unforeseen extraordinary circumstances (eg extreme
Snowfall, floods etc.) blocked all ways of travel, or not
are usable, then the contract for accommodation for the duration of the impossibility
departure automatically renewed. A reduction of the fee for this
Period may only be possible if the parties offered
Services of the accommodation as a result of exceptional weather conditions
can not use fully. The accommodation provider is entitled
to a minimum the pay, the price usually charged in the
corresponds to the off-season.
§ 15 Termination of the Accommodation Agreement - Early cancellation
15.1 If the accommodation contract concluded for a definite time, it ends
15.2 If the contractor early then the accommodation provider is entitled to the full
to demand payment amount. The Proprietor shall deduct what he
be saved as a result of non-use of his service or
what he has obtained by another letting the rooms. A
Reduction occurs only when the accommodation at the time of
Non-use of the guest rooms appointed fully utilized
and the room is due to the cancellation of the contractor
can be rented to other guests. The burden of saving the bears
15.3 Upon the death of a guest, the Agreement with the Proprietor.
15.4 If the accommodation contract concluded for an indefinite period, so
the parties to the contract, to 10.00 clock on the third day before the intended
Contract end dissolving.
15.5 The Proprietor shall be entitled to the accommodation contract with immediate effect
terminate for cause, especially if the other party or
a) makes use of the rooms in a significantly adverse use or
by his inconsiderate, objectionable or otherwise inappropriate uncouth behavior
the other guests, the owner, its people or in the accommodation
resident third spoils against cohabitation
or in relation to them with a punishable act
against property, morality or physical security
b) from a contagious disease or a disease that over the duration of the stay
goes, is infested or otherwise in need of care;
c) the invoices when they fall due within a reasonably set
Period (3 days) are not paid.
15.6 If the contract by an act of God as to an event
(Eg acts of God, strike, lockout, official orders, etc)
impossible, the Proprietor of the Accommodation Agreement at any time without
Giving notice to resolve, unless the contract after
the law applies as resolved, or the accommodation of its accommodation duty
is exempt. Any claims for damages etc. the contractor
§ 16 Illness or death guest
16.1 a guest becomes ill during his stay in the accommodation, so
Proprietor of the guest's request arrange for medical care. Is danger
in default, the accommodation, medical care, even without special
Induce the desired score, this is especially the case if necessary
and the guest to do so themselves in the situation.
16.2 As long as the guest is not in a position to make decisions or their family
no score can be contacted on the Proprietor
Cost of guests arrange for medical treatment. The scope of these measures concern
ends, however, the time when the decisions of the host
can make or relatives have been informed about the sickness
16.3 The Proprietor has against the contractor and the host or in case of death
against their successors in particular for the following expenses claims:
a) unsettled medical costs, costs for ambulance services, drugs and medical aids
b) become necessary room disinfecting,
c) unusable clothes, bed linen and bed furniture, otherwise
for disinfecting or thorough cleaning of all these objects,
d) restoration of walls, furnishings, carpets etc.
if these contaminated in connection with the illness or death
or have been damaged,
e) room and, as far as the space taken up by the guest
was due plus any days of the rooms are unusable
Disinfection, vacation etc.,
f) any other damage incurred by the Proprietor.
§ 17 Place of Performance, Jurisdiction and Choice of Law
17.1 Place of performance is the place where the establishment is located.
17.2 This contract is subject to Austrian procedural and substantive law
Exclusion of the rules of private international law (particularly PILA and the Rome Convention)
17.3 The sole place of jurisdiction is an Entrepreneur based business
of the Proprietor, the Proprietor shall also be entitled to assign its rights
claimed before any other court with jurisdiction to location and matter
17.4 If the accommodation contract with a contractor who is a consumer
their domicile or habitual residence in Austria, has closed
actions against the consumer exclusively on the domicile, habitual
Residence or place of work introduced the consumer
17.5 If the accommodation contract with a contractor who is a consumer
and is domiciled in a Member State of the European Union (with the exception
Austria), Iceland, Norway or Switzerland, has, this is for the
Residence of the consumer for the consumer complaints against local and material
court exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless the foregoing, nothing special provision, the term begins
a period of service with the deadline ordering document to the contractor,
which the deadline has to be true. When calculating a deadline, which
is determined by days, the day is not counted, in which the timing
or falls enownment, after which the judge is the beginning of the period.
After weeks or months, certain deadlines related to those days
the week or month, which by its name or number the
Days is equal, from which the deadline is to be counted. Absent that day in the
Month, is the decisive final day in this month.
18.2 Any declarations to the other contracting party on the last day of
Period (24 Clock) be received.
18.3 The Proprietor shall be entitled to claim against the contractor's own
Offset claims. The contractor is not entitled to own
Offset claims against claims of the Proprietor, unless
The Proprietor is insolvent or the claim of the contractor's
judicially established or acknowledged by the Proprietor.
18.4 In the case of gaps the relevant statutory provisions.