AGBH
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
- as of 15.11.2006
-
§ 1 Scope of application
§ 2 Definitions
§ 3 Execution of the agreement – Down payment
§ 4 Start and end of accommodation
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the Party
§ 8 Obligations of the Party
§ 9 Rights of the Proprietor
§ 10 Obligations of the Proprietor
§ 11 Liability of the Proprietor for damage to items of guests
§ 12 Limitations of liability
§ 13 Animals
§ 14 Prolongation of the accommodation
§ 15 Termination of the Accommodation Agreement – Early cancellation
§ 16 Sickness or death of the Guest
§ 17 Place of performance, place of jurisdiction and applicable law
§ 18 Miscellaneous
- § 1 Scope of application
- 1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred
to as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions]
as amended on 23 September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be
subsidiary to agreements made on an individual basis.
- § 2 Definitions
- 2.1 Definitions:
“Proprietor”: means an individual or entity that accommodates
guests against remuneration.
“Guest”: means an individual that uses accommodation.
Usually the guest is also the
Party. Guests also include those persons
that are accommodated together
with such Party (e.g. family members,
friends etc.).
“Party”: means a domestic or foreign individual
or entity that enters into an Accommodation
Agreement as a Guest or for a
Guest.
“Consumer” and
“Entrepreneur”: these terms shall be construed as defined
by the 1979 Consumer Protection
Act (Konsumentenschutzgesetz) as
amended.
“Accommodation
Agreement”: means the agreement made between
the Proprietor and the Party, the contents
of which are specified below.
- § 3 Execution of the agreement – Down payment
- 3.1 The Accommodation Agreement shall be deemed entered into upon the acceptance
of the Party’s order by the Proprietor. Electronic declarations shall be
deemed received when they can be collected by the party to which they are addressed
under normal circumstances provided that they are received during the
published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement under
the condition that the Party makes a down payment. In such event, the Proprietor
shall be obliged to inform the Party of the required down payment before
accepting the written or oral order of the Party. If the Party agrees to the down
payment (in writing or orally), the Accommodation Agreement shall be deemed
entered into upon the receipt of the Party’s declaration of consent on the down
payment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 7 days (receipt)
before the accommodation. The costs for the financial transaction (e.g. remittance
fee) shall be paid by the Party. Credit and debit cards shall be subject to
the terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.
- § 4 Start and end of accommodation
- 4.1 Unless the Proprietor offers any other time of occupancy, the Party shall be entitled
to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shall
be deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the date of departure.
The Proprietor shall be entitled to charge another day if the rented rooms
are not vacated in time.
- § 5 Rescission of the Accommodation Agreement – Cancellation fee
-
Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and such down
payment has not been made by the Party in time, the Proprietor may rescind the
Accommodation Agreement without granting any grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor
shall not be obliged to accommodate them unless a later time of arrival has
been agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved
until 12.00 noon on the day following the date of arrival at the latest. If a
down payment to the amount of more than four days has been made, the obligation
to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date
of arrival being deemed the first day, unless the Guest informs the Proprietor of a
later date of arrival.
5.4 Unless otherwise agreed upon, the Proprietor may rescind the Accommodation
Agreement for objectively justified reasons by means of a unilateral declaration
by 3 months before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation fee
5.5 The Party may rescind the Accommodation Agreement by means of a unilateral
declaration by 3 months before the agreed date of arrival of the Guest without being
liable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the Accommodation
Agreement by means of a unilateral declaration subject to the following
cancellation fees:
- 40% of the total agreed price by 1 month before the date of arrival;
- 70% of the total agreed price by 1 week before the date of arrival;
- 90% of the total agreed price within the last week preceding the date of arrival.
| 3 months or
more |
3 months to 1
month |
1 month to 1
week |
up to 1 week |
| no cancellation
fee |
40 % |
70 % |
90 % |
Prevention from arrival
5.7 If the Party is prevented from arriving at the accommodating establishment on the
date of arrival since this is impossible due to unforeseeable extraordinary events
(e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the
agreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as
the arrival becomes possible again provided that it becomes possible within three
days.
- § 6 Provision of substitute accommodation
- 6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation
(of the same quality) provided that this is reasonable for the Party,
particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the room(s) has
(have) become unusable, guests that have already been accommodated prolong
their stay, the establishment is overbooked or this becomes necessary due to other
important operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid by
the Proprietor.
- § 7 Rights of the Party
- 7.1 By entering into an Accommodation Agreement, the Party shall acquire the right
to make normal use of the rented rooms and the facilities of the accommodating
establishment that are usually accessible to the guests for use without any special
conditions and of the usual service. The Party shall exercise their rights in accordance
with any applicable hotel and/or guest regulations (rules of the house).
- § 8 Obligations of the Party
- 8.1 The Party shall be obliged to pay the agreed remuneration plus any extra amounts
that have arisen from the use of special services by the Party and/or the accompanying
guests plus any applicable VAT by the date of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor
accepts foreign currencies, such shall be accepted at the current price if possible.
If the Proprietor accepts foreign currencies or cashless means of payment, the
Party shall pay any associated costs, e.g. for inquiries with credit card companies,
telegrams etc.
8.3 The Party shall be liable towards the Proprietor for any damage caused by themselves
or the Guest or any other persons that receive services of the Proprietor
with the knowledge or in accordance with the intention of the Party.
- § 9 Rights of the Proprietor
- 9.1 If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor
shall be entitled to make use of the legal right of retention in accordance
with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance
with § 1101 of ABGB with respect to the items brought along by the Party or the
Guest. Furthermore, the Proprietor shall be entitled to make use of this right of
retention or lien in order to secure its claims under the Accommodation Agreement,
particularly for catering, other expenses made for the Party and for any
kind of damage claims.
9.2 If services are requested in the room of the Party or during unusual times of the
day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to
charge an extra remuneration. However, such extra remuneration shall be indicated
on the price board for the room. The Proprietor may also refuse such services
for operational reasons.
9.3 The Proprietor shall be entitled to issue invoices or interim invoices for its services
at any time.
- § 10 Obligations of the Proprietor
- 10.1 The Proprietor shall be obliged to provide the agreed services to an extent that
complies with its standards.
10.2 Extra services of the Proprietor that must be indicated accordingly since they are
not included in the accommodation remuneration shall, by way of example, include:
a) Extra accommodation services that may be invoiced separately, such as
the provision of lounges, sauna, indoor and/or outdoor swimming pool,
solarium, garages etc.;
b) A reduced price shall be charged for the provision of additional beds or
cribs.
- § 11 Liability of the Proprietor for damage to items of guests
- 11.1 The Proprietor shall be liable for the items brought along by the Party in accordance
with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items
have been handed over to the Proprietor or the persons authorised by the Proprietor
or deposited in a place assigned by such or intended for such purpose. Unless
the Proprietor provides other evidence, the Proprietor shall be liable for its own
fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec.
1 of ABGB, the Proprietor shall only be liable up to the amount specified in the
Austrian law on the liability of landlords and other entrepreneurs of 16 November
1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer)
as amended. If the Party or the Guest fails to immediately comply with the Proprietor’s
request to deposit their items in a special deposit, the Proprietor shall be
released from any liability. The amount of any liability of the Proprietor shall be
limited to a maximum of the sum insured under the third-party liability insurance
of such Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur,
the Proprietor may neither be held liable for gross negligence. In such
event, the burden of proof to show the fault shall lie with the Party. No consequential
or indirect damage and no loss of profit shall be reimbursed.
11.3 The Proprietor shall only be liable for valuables, money and securities up to an
amount of currently €550.--. The Proprietor shall only be liable for any exceeding
damage in the event it has accepted such items for deposition knowing their quality
or in the event the damage has been caused by itself or its vicarious agents.
The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.
11.4 The Proprietor may refuse to deposit valuables, money and securities if the items
are significantly more valuable than those usually handed over for deposition by
the guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Party and/or Guest
fails to immediately notify the Proprietor of the occurred damage. Furthermore,
such claims shall be asserted in court within three years from their knowledge or
possible knowledge to the Party and/or Guest; otherwise, the right shall become
extinct.
- § 12 Limitations of liability
- 12.1 If the Party is a Consumer, the Proprietor may not be held liable for slight negligence,
except for bodily injury.
12.2 If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or
gross negligence. In such event, the burden of proof to show the fault shall lie
with the Party. No consequential, non-material or indirect damage and no loss of
profit shall be reimbursed. The damage to be reimbursed shall at any case be limited
to the amount of the damage incurred because the Party has relied on the validity
of the agreement (Vertrauensinteresse).
- § 13 Animals
- 13.1 Animals may only be brought to the accommodating establishment with the prior
consent of the Proprietor and against extra remuneration.
13.2 The Party bringing along an animal shall be obliged to properly keep and/or supervise
such animal during their stay or to have it kept and/or supervised by a
qualified third party at their own expense.
13.3 The Party and/or Guest bringing along an animal shall have an according animal
liability insurance and/or personal liability insurance that covers any potential
damage caused by animals. Evidence of such insurance shall be provided to the
Proprietor upon request.
13.4 The Party and/or their insurance company shall be jointly and severally liable
towards the Proprietor for any damage caused by the animals brought along. Such
damage shall particularly also include any compensation to be paid by the Proprietor
to third parties.
13.5 Animals shall not be permitted to enter the lounges, saloons, restaurants and
wellness zones.
- § 14 Prolongation of the accommodation
- 14.1 The Party may not claim for a prolongation of their stay. If the Party informs the
Proprietor in time that they intend to prolong their stay, the Proprietor may consent
to a renewal of the Accommodation Agreement. However, the Proprietor
shall not be obliged to do so.
14.2 If the Party is prevented from leaving the accommodating establishment on the
date of departure since all ways of travel are blocked or unusable due to unforeseeable
extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation
Agreement shall automatically be renewed for the duration of such prevention
from departure. The remuneration to be paid for this period may only be reduced
if the Party is unable to fully use the offered services of the accommodating
establishment due to the extraordinary weather conditions. The Proprietor
shall be entitled to charge as a minimum the remuneration corresponding to the
price usually charged in the low season.
- § 15 Termination of the Accommodation Agreement – Early cancellation
- 15.1 If the Accommodation Agreement has been made for a definite term, it shall end
upon the expiry of such term.
15.2 If the Party leaves prematurely, the Proprietor shall be entitled to charge the total
agreed remuneration. The Proprietor shall deduct anything saved due to the failure
to use its scope of services or maintained by letting the booked rooms to other
guests. Such savings shall only be deemed to exist if the capacities of the accommodating
establishment are fully used upon the Guest’s failure to use the
booked rooms and the room can be let to other guests due to the cancellation by
the Party. The burden of proof to show that savings have been made shall lie with
the Party.
15.3 Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Parties
may terminate the Agreement by 10.00 a.m. of the third day preceding the intended
end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with
immediate effect for important reasons, particularly if the Party and/or the Guest
a) makes significantly adverse use of the rooms or makes their stay intolerable
for the other guests, the owner, its vicarious agents or the third parties staying
at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality
or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration of which exceeds
the term of accommodation or otherwise is in need of care;
c) fails to settle the presented invoices when they become payable within a reasonably
set period (3 days).
15.6 If the performance of the Agreement becomes impossible due to circumstances to
be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders
etc.), the Proprietor may terminate the Accommodation Agreement at any
time without giving prior notice unless the Agreement is already deemed terminated
under the law or the Proprietor is released of its obligation to accommodate
the Party. Any claims for damages etc. by the Party shall be excluded.
- § 16 Sickness or death of the Guest
- 16.1 If a Guest gets sick during their stay at the accommodating establishment, the
Proprietor shall arrange for medical care at the request of the Guest. In the event
of imminent danger, the Proprietor shall arrange for medical care even without
the special request of the Guest, particularly if this is necessary and the Guest is
unable to do so themselves.
16.2 As long as the Guest is unable to make decisions or it is not possible to contact
the family of the Guest, the Proprietor shall arrange for medical care at the expense
of the Guest. However, the extent of such care shall end as soon as the
Guest is able to make decisions or their family has been informed about the sickness.
16.3 The Proprietor shall particularly be entitled to damages from the Party or the
Guest or, in the event of their death, their successors for the following expenses:
a) unsettled medical costs, costs for ambulance transports, drugs and medical
aids
b) room disinfections that have become necessary,
c) linen, bed sheets and bed furnishing that have become unusable, or otherwise
the disinfection of thorough cleaning of all of these items,
d) restoration of walls, furniture, carpets etc. if such have been contaminated or
damaged in relation with the sickness or death,
e) rent for the room, provided that it has been occupied by the Guest, plus any
days during which the rooms are unusable due to disinfection, vacation etc.,
f) any other damage incurred by the Proprietor.
- § 17 Place of performance, place of jurisdiction and applicable law
- 17.1 The place of performance shall be the place where the accommodating establishment
is situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantial
law under exclusion of the provisions of international private law (particularly
IPRG [Austrian act on international private law] and the Rome Convention of
1980) and the UN Sales Convention.
17.3 If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the
domicile of the Proprietor; however, the Proprietor shall also be entitled to assert
its rights before any other court that is competent for the location and matter.
17.4 If the Accommodation Agreement has been made with a Party that is a Consumer
who has their domicile or ordinary residence in Austria, actions against the Consumer
may exclusively be filed at the domicile, ordinary residence or place of
work of such Consumer.
17.5 If the Accommodation Agreement has been made with a Party that is a Consumer
who has their domicile in a member state of the European Union (except for Austria),
Iceland, Norway or Switzerland, the court that is competent for the domicile
of the Consumer in the event of actions against the Consumer in the relevant matter
shall have exclusive jurisdiction.
- § 18 Miscellaneous
- 18.1 Unless otherwise specified in the above provisions, any time limits shall start
upon the document by which such time limit is instructed being delivered to the
Party that must comply with the time limit. When calculating a time limit based
on days, the day of the moment or event to which the start of the time limit refers
shall not be included in the calculation. Time limits based on weeks or months
shall refer to the day of the week or month that corresponds to the day starting
from which the time limit is to be counted according to its name or number. If the
relevant month lacks such day, it shall be replaced with the last day of such
month.
18.2 Any declarations shall be received by the other party by the last day of the time
limit (12.00 midnight).
18.3 The Proprietor shall be entitled to offset any of its claims against claims of the
Party. The Party shall not be entitled to offset any of its claims against claims of
the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established
by a court or acknowledged by the Proprietor.
18.4 If any gaps arise in relation with the Agreement, the applicable legal provisions
shall apply.
