GENERAL TERMS AND CONDITIONS
FOR THE HOTEL INDUSTRY
as of 15 November 2006
§ 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
1.2 The AGBH 2006 shall not exclude
special agreements. The AGBH 2006 shall be enparty to agreements made on an
§ 2 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 a
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
“Consumer” and “Entrepreneur”:
these terms shall be construed as defined by the 1979 Consumer
Protection Act (Konsumentenschutzgesetz) as amended.
means the agreement made between the Proprietor and the Party; the
contents of which are specified below.
§ 3 Execution of the agreement – Down
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 seven 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 pm on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first
time before 6.00 am, the preceding night shall be deemed the first night
4.3 The rented rooms shall be vacated by
the Party by noon (12.00 am) 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
pm 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 noon (12.00 am) 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 pm 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 three months
before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation
5.5 The Party may rescind the
Accommodation Agreement by means of a unilateral declaration by three 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
§ - 40% of the total agreed price by one
month before the date of arrival;
§ - 70% of the total agreed price by one
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
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
§ 6 Provision of substitute
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 pm and
before 6.00 am), 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
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
11.3 The Proprietor shall only be liable
for valuables, money and securities up to an amount of currently EUR 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
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
§ 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
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
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
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 am 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 (three
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
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
§ 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
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 (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.
§ 19 Data protection
The hotel processes personal data of guests, contact information, personal and professional information, electronic identification data (IP addresses (logfiles), data concerning the computer, browser etc., as well as individual data on customer stays, upon the legal basis of the fulfilment of contractual relations, to protect the legitimate interests of the hotel, as well as to comply with statutory requirements. This serves the purposes of reservations, customer relationship management, managing guest preferences, and targeted marketing and advertising campaigns to promote sales and increase customer retention (also via direct advertisement). The hotel is a subsidiary of Vienna International Hotelmanagement AG and is therefore part of a corporate group which works together collaboratively. For more information (see www.viennahouse.com "Group-affiliated companies").). The hotel therefore also uses other affiliated companies to fulfil its extensive obligations. Personal data is only received by parties within the corporate group which require this data to fulfil contractual and statutory obligations as well as to protect legitimate interests. All of these parties are obliged contractually to comply with legal data protection requirements. Detailed data protection information for "Guest booking" can be viewed at www.viennahouse.com/data-protection.