General terms and conditions of business
ALLGEMEINE GESCHÄFTSBEDINGUNGEN FÜR DIE HOTELLERIE 2006 (AGBH 1)
Version of 15.11.2006
Overview of content
§ 2 Applicability
§ 3 Definition of terms
§ 4 Conclusion of contract – down-payment
§ 5 Start and end of accommodation
§ 6 Withdrawal from the accommodation agreement – cancellation fee
§ 7 Provision of alternative accommodation
§ 8 Rights of the contractual partner
§ 9 Obligations of the contractual partner
§ 10 Rights of the host
§ 11 Obligations of the host
§ 12 Liability of the host for damage to items brought in
§ 13 Limitations of liability
§ 14 Animals
§ 15 Extension of accommodation
§ 16 End of the accommodation agreement – Premature
§ 17 Illness of death of the guest within the accommodation agreement
§ 18 Place of performance, place of jurisdiction and choice of law
§ 1 Miscellaneous
§ 1 Scope
2006.1 These General Terms and Conditions of Business for Hotels (hereinafter referred to as:
“T&Cs 23”) replace the previous ÖHVB in the version of 1.2 September
2006 The T&Cs 2006 do not exclude special agreements. The T&Cs 2006
are subsidiary to individual agreements.
§ 2 Definitions of terms
2.1 Definitions of terms:
”Host”: Is a natural or legal person that hosts guests for a fee.
“Guest”: Is a natural person that accepts the accommodation. The guest
is generally also the contractual partner. Guests shall also include any persons
travelling with the contractual partner (e.g. family members, friends,
”Contractual partner”: Is a natural or legal person from Austria or abroad that concludes an accommodation agreement as or for a
“Consumer” and “company”: These terms are to be understood within the meaning of the Austrian consumer protection act 1979 in the relevant version.
”Accommodation agreement”: Is the contract concluded between the host and the contractual partner, the content of which is regulated below.
§ 3 Conclusion of contract – down-payment
3.1 The accommodation agreement shall come into being by means of acceptance of the contractual partner’s order by the host. Electronic declarations are considered
received when the party for which they are intended can access them under normal
circumstances, and receipt takes place at the business time specified by the host.
3.2 The host shall be entitled to conclude the accommodation agreement under the condition
that the contractual partner makes a down-payment. In this case, the
host shall be obligated to inform the contractual partner of the required down-payment before
accepting the contractual partner’s written or verbal
order. Should the contractual partner declare that he agrees to the down-payment (in writing
or verbally), the accommodation agreement shall come into being upon receipt of the
declaration of agreement to pay the down-payment issued from the contractual partner
by the host.
3.3 The contractual partner undertakes to pay the down-payment at least 7 days )
before accommodation. The costs of the monetary transaction (e.g.
transfer fees) shall be borne by the contractual partner. The relevant terms of conditions of the card companies shall apply for
credit and debit cards.
3.4 The down-payment is a partial payment on the agreed fee.
§ 4 Start and end of accommodation
4.1 If the host does not cite another time, the contractual partner shall be entitled
to enter the rented space from 4.00 pm on the agreed day (“day of
4.2 If a room is used for the first time before 6.00 am, the previous
evening shall count as the first overnight stay.
4.3 The rented space must be vacated by the contractual partner by 12.00 pm on the day of
departure. The host shall be entitled to charge for another day
if the rented space is not vacated on
§ 5 Withdrawal from the accommodation agreement – cancellation fee
Withdrawal by the host
5.1 If the accommodation agreement provides for a down-payment and the down-payment is not made
by the contractual partner on time, the host may withdraw from the accommodation agreement without
setting a grace period.
5.2 Should the guest not appear by 6.00 pm on the agreed day of arrival, there shall be no obligation to accommodate him unless a later
arrival time was agreed.
5.3 However, if the contractual partner has made a down-payment (see 3.3),
the space shall remain reserved until 12.00 pm on the day after the agreed day of arrival
at the latest. In the case of advance payment for more than four days, the
obligation to accommodate shall end from 6pm on the fourth day, and the day of arrival shall be counted as the
first day, unless the guest cites a later day of
5.4 The accommodation agreement can be rescinded by the contractual partner for objectively justified reasons
up to 3 months before the agreed day of arrival at the latest,
unless otherwise agreed,
by means of unilateral agreement.
Withdrawal by the contractual partner – cancellation fee
5.5 The accommodation agreement can be terminated by the contractual partner without having to pay a cancellation fee
up to 3 months before the guest’s agreed day of arrival
by means of a unilateral declaration.
5.6 Outside of the period defined in § 5.5, withdrawal by means of unilateral declaration by the contractual partner shall
only be possible against payment of the following cancellation
- 40% of the total arrangement price up to 1 month before the day of arrival;
- 70% of the total arrangement price up to 1 week before the day of arrival;
- 90% of the total arrangement price in the final week before the day of arrival.
up to 3 months: no cancellation fees
3 months to 1 month: 40%
1 month to 1 week: 70%
In the last week: 90%
Inability to arrive
5.7 If the contractual partner is unable to appear at the accommodation company on the day of arrival
because unforeseeable extraordinary circumstances (e.g. extreme
snowfall, flood, etc.) renders all possibilities for getting to the destination
impossible, the contractual partner shall not be obligated to pay the agreed amount for the days
5.8 The obligation to pay for the booked stay shall recommence as soon as it is possible to access the destination
, insofar as it becomes possible again within three
§ 6 Provision of alternative accommodation
6.1 The host may provide the contractual partner or guests with adequate replacement accommodation
(of the same quality) if this is reasonable for the contractual partner,
particularly if the difference is minimal and objectively
6.2 Objective justification shall exist if, for example, the room
(or rooms) has (have) become unusable, guests that are already there
extend their stay, the accommodation has been double-booked or other important business
measures render this necessary.
6.3 All additional expenses for the replacement accommodation shall be borne by the host.
§ 7 Rights of the contractual partner
7.1 By concluding an accommodation agreement, the contractual partner shall obtain
the right to normal use of the rented space and facilities of the accommodation company
that are usually accessible to guests for use without specific conditions
, and to normal operation.
The contractual partner shall exercise his rights in accordance with all hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner undertakes to pay the agreed fee,
plus any additional amounts due based on specific
us of services by hum and/or guests accompanying him, plus statutory value added tax, by the day of departure at the latest.
8.2 The accommodation provider shall not be obligated to accept foreign currencies. If the host accepts
foreign currency, it shall be accepted for payment at the
exchange rate. Should the host accept foreign currency or
cashless means of payment, the contractual partner shall bear all
associated costs, such as information from credit card companies,
8.3 The contractual partner shall be responsible to the host for all damage that he
or the guest or other persons cause that accept services of the host with the knowledge or will of the contractual partner.
§ 9 Rights of the host
9.1 Should the contractual partner refuse to pay the requested free, or if he is
in default, the host shall have the statutory right of retention as per § 970c T&Cs, well as the statutory right of pledge as per § 1101 T&Cs for the items brought in by the contractual partner or guest.
The host shall also have this right of retention or pledge in order to secure his claim arising from the accommodation agreement, in particular for catering, other expenses incurred for the contractual partner and
fall compensation claims of any kind.
9.2 If service is requested in the contractual partner’s room or at unusual
times (after 8.00pm and before 6.00am), the host shall be entitled
to request a special fee. However, this special fee must be listed
in the room price rates. The host may refuse to provide such services
on operational grounds.
9.3 The host shall have the right to issue a bill or interim bill for his services at any time
§ 10 Obligations of the host
10.1 The host undertakes to provide the agreed services in a scope corresponding to his
10.2 Special services of the host that are subject to listing but are not included in the accommodation fee are, for example:
a) Special services of the accommodation that can be invoiced separately
, such as provision of salons, saunas, indoor swimming pools,
outdoor swimming pools, solaria, garage parking, etc.;
b) a reduced price is charged for provision of additional or children’s
§ 11 Liability of the host for items brought in
11.1 The host shall be liable as per §§ 970 ff. T&Cs for items brought in by the contractual partner. The host shall only be liable if
the items are handed over to or transferred to the people associated with the host,
or have been taken to a specific place for this purpose
. Insofar as the proof is insufficient for the host, he shall be liable for his own
culpability or the culpability of his people, as well as
outgoing and incoming people. The host shall be liable as per § 970 Abs 1
T&Cs up to a maximum of the amount set in the federal law of 16 November 1921 on
liability of hosts and other companies in the applicable
version. Should the contractual partner or guest fail to immediately meet the host’s request
to place his items in a certain storage location, the host shall be freed from any liability.
The amount of any liability of the host shall be limited to a maximum of the
liability insurance sum of the relevant host. Culpability of the contractual partner or guest shall be taken into account.
11.2 Liability on the part of the host for slight negligence shall be excluded. If
the contractual partner is a company, liability for gross
negligence is also excluded. In this case, the burden of proof
of existence of culpability shall lie with the contractual partner. Subsequent and indirect damages, as well as
lost profit, shall not be reimbursed under any circumstances.
11.3 For valuables, money and securities, the host shall only be liable up to a current amount of € 550. The host shall only be liable for damage going beyond this
in the event that he took on these items for safekeeping in the knowledge of their properties,
or in the case that he or one of his people are responsible for the
damage. The limitation of liability
as per 12.1 and 12.2 shall apply accordingly.
11.4 The host may refuse to store valuables, money and securities
if these are particularly more valuable than the
items that the accommodation company normally stores for its guests.
11.5 In every case of safekeeping, liability shall be excluded
if the contractual partner and/or guest does not immediately report the damage incurred to the host
upon becoming aware thereof. In addition, these claims must be asserted by the contractual partner or guest within
three years of becoming aware, or being able to become aware, of it;
otherwise the right shall expire.
§ 12 Limitations of liability
12.1 If the contractual partner is a consumer, the liability of the host for
slight negligence shall be excluded, with the exception of personal damage.
12.2 If the contractual partner is a company, the host’s liability for
slight and gross negligence is excluded. In this case, the burden of proof of existence of culpability shall lie with the contractual partner. Subsequent damage,
immaterial damage or indirect damage, as well as lost profit, shall not be
compensated for. In all cases, the damage to be reimbursed shall be limited to the
amount of the trust interest.
§ 13 Animals
13.1 Animals can only be kept with the prior consent of the host, and always
in return for a special fee paid to the accommodation company.
13.2 Any contractual partner taking an animal with them is obligated to look after and supervise the animal properly
during his stay, or to have it looked after or supervised by
a suitable third party at his own
13.3 Any contractual partner or guest that takes an animal with him must have suitable
animal liability insurance or private liability insurance,
which also covers any damage caused by animals. Proof
of corresponding insurance must be provided at the request of the
13.4 The contractual partner or his insurer shall be fully liable towards the host
for damage caused by animals brought with the insurer. The damage
shall particularly also include compensation that the host has to pay to
13.5 There must be no animals in the salons, business premises, restaurant spaces and wellness
§ 14 Extension of accommodation
14.1 The contractual partner shall not have any entitlement to
extend the stay. Should the contractual partner announce his desire to extend the stay
in good time, the host may agree to the extension of the accommodation agreement. The host shall not enter into any obligation.
14.2 If the contractual partner is unable to leave the accommodation on the day of departure
because unforeseeable extraordinary circumstances (e.g. extreme
snowfall, flood, etc.) have rendered all possibilities for leaving impossible
or unusable, the accommodation agreement shall be automatically extended for the duration
of it being impossible to leave. A reduction of the fee for this period
shall only be possible if the contractual partner cannot fully utilise the
services offered by the accommodation company due to the extraordinary weather conditions. The host shall be entitled
to at least charge the fee that correspond to the price normally charged in
the low season.
§ 15 End of the accommodation agreement – premature termination
15.1 If the accommodation agreement is concluded for a set period of time, it shall end
at the end of the period.
15.2 Should the contractual partner leave early, the host shall be entitled to demand the full
agreed fee. The host shall deduct anything that he has saved as
a result of non-use of his services, or anything
that he has saved through other rental of the ordered rooms. A
saving shall only exist if the accommodation company is fully booked at the point of
non-use of the rooms ordered by the guest and the rooms can be rented to other guests due to the contractual partner’s
cancellation. The burden of proof of saving shall lie with the
15.3 The agreement with the host shall end upon the death of a guest.
15.4 If the lodging agreement has been concluded for an indeterminate period of time, the parties can terminate the agreement by 10.00am of the third day before the intended end of the agreement.
15.5 The host shall be entitled to terminate the lodging agreement with immediate effect
for just cause, in particular if the contractual partner or
a) makes particularly detrimental use of the space or
other guests, the owner, his people or third parties residing within the accommodation through inconsiderate, offensive or otherwise inappropriate behaviour
or commits a punishable offence against one of these parties in terms of property, moral conduct or physical
b) is struck by an infectious illness or illness that goes beyond the duration of accommodation, or otherwise requires care;
c) does not pay a due invoice within a reasonable
period (3 days).
15.6 If fulfilment of the agreement is rendered impossible by an event classified as force majeure
(e.g. acts of God, strike, lock-out, official interventions, etc.)
, the host can terminate the lodging agreement at any time without
complying with a period of notice, insofar as the agreement is not already classified as terminated in accordance with
the law, or the host is freed from his obligation to
accommodate. Any claims to compensation for damages, etc. on the part of the contractual partner
§ 16 Illness or death of a guest
16.1 Should a guest fall ill during his stay with the accommodation company, the
host shall, at the guest’s request, seek medical care. In the case of
danger, the host shall also seek medical care without the specific request
of the guest, particularly when this is necessary
and the guest is unable to do so himself.
16.2 Insofar as the guest is unable to make decisions or his family cannot be contacted, the host shall take care of the
costs for the guest’s medical care. However, the scope of this care shall end at the point at which the guest is able to make decisions
or his family has been informed of the
16.3 The host shall particularly have claims for compensation for damages against the contractual partner and the guest or, in the event of death, his legal successors, for the following costs:
a) open doctor’s costs, costs of transport of sick persons, medicines and aids
b) any necessary room disinfection,
c) linen or bed linen that has become unusable, or
for the disinfection or thorough cleaning of all of these items,
d) restoration of walls, fixtures, carpets, etc.,
insofar as these have been soiled or damaged as a result of the illness or
e) room rental, insofar as the space was used by the
guest, plus any days for which the room was unusable due to
disinfection, clearing, etc.,
f) any other damages incurred by the host.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the location of the accommodation company.
17.2 This agreement is subject to Austrian formal and substantive law, under exclusion
of the rules of international private law (particularly IPRG and EVÜ)
, as well as the UN convention on contracts for the international sale of goods.
17.3 The exclusive place of jurisdiction is the two-sided business of the headquarters of the
host, whereby the host shall also be entitled to assert his rights
with another local and responsible
17.4 If the accommodation agreement has be concluded with a contractual partner that is a consumer
and has his place of residence or normal place of residence in Austria,
lawsuits against the consumer can only be asserted at the place of residence, normal place of residence
or place of employment of the
17.5 If the accommodation agreement has been concluded with a contractual partner that is a consumer
and has his place of residence in a member state of the European Union (excluding
Austria), Iceland, Norway or Switzerland, the local court responsible for the consumer’s place of residence
§ 18 Other
18.1 Unless otherwise agreed in the above provisions, a term shall begin
upon provision of the letter prescribing the term to the contractual partner that must meet the term. The calculation of a term specified
in days shall include the day on which the point
or suitability occurs, on which the start of the term should be based.
Terms specified in weeks or months shall be based on the relevant days
of the week or month, which, due to their citation or number,
correspond to the days from which the term should be counted. Should this day not exist in the month,
the last day of this month shall be decisive.
18.2 Declarations must have been received by the relevant other contractual partner on the last day of the
18.3 The host shall be entitled to offset claims of the contractual partner against his own claims. The contractual partner shall not be entitled to offset his claims against claims of the host unless the host is unable to pay or the contractual partner’s claim is legally established or recognised by the host.
18.4 In the event of regulatory loopholes, the corresponding statutory provisions shall apply.