General Terms & Conditions

§ 1 Scope

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.

§ 2 Definitions of Terms

2.1 Definitions of terms: "Accommodation provider" ("Beherberger"): is a natural or legal person who accommodates guests for payment. "Guest": is a natural person who makes use of accommodation. The guest is usually also the contractual partner. Guests are also those persons who arrive together with the contractual partner (e.g. family members, friends, etc.). "Contractual partner": is a natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest. "Consumer" and "entrepreneur": these terms are to be understood within the meaning of the Konsumentenschutzgesetz 1979 as amended. "Accommodation contract": is the contract concluded between the accommodation provider and the contractual partner, the content of which is set out in more detail below.

§ 3 Conclusion of Contract – Deposit

3.1 The accommodation contract is concluded by the accommodation provider's acceptance of the contractual partner's order. Electronic declarations are deemed to have been received when the party for whom they are intended can retrieve them under ordinary circumstances and access takes place within the accommodation provider's announced business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a deposit. In this case, the accommodation provider is obliged, before accepting the contractual partner's written or verbal order, to inform the contractual partner of the deposit required. If the contractual partner agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt by the accommodation provider of the contractual partner's declaration of agreement regarding payment of the deposit.

3.3 The contractual partner is obliged to pay the deposit no later than 7 days (received) before the accommodation. The costs of the money transaction (e.g. transfer charges) are borne by the contractual partner. The respective conditions of the card companies apply to credit and debit cards.

3.4 The deposit is a partial payment towards the agreed remuneration.

§ 4 Beginning and End of Accommodation

4.1 The contractual partner has the right, unless the accommodation provider offers a different occupancy time, to occupy the rented rooms from 4:00 p.m. on the agreed day ("day of arrival").

4.2 If a room is first used before 6:00 a.m., the preceding night counts as the first overnight stay.

4.3 The rented rooms are to be vacated by the contractual partner on the day of departure by 12:00 noon. The accommodation provider is entitled to charge for a further day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee. Withdrawal by the Accommodation Provider

5.1 If the accommodation contract provides for a deposit and the deposit was not paid on time by the contractual partner, the accommodation provider may withdraw from the accommodation contract without a period of grace.

5.2 If the guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to accommodate, unless a later arrival time was agreed.

5.3 If, on the other hand, the contractual partner has paid a deposit (see 3.3), the premises remain reserved until 12:00 noon at the latest on the day following the agreed day of arrival. In the case of advance payment for more than four days, the obligation to accommodate ends at 6:00 p.m. on the fourth day, whereby the day of arrival is counted as the first day, unless the guest gives notice of a later day of arrival.

5.4 Up to 3 months before the contractual partner's agreed day of arrival at the latest, the accommodation contract may be terminated by the accommodation provider by unilateral declaration for objectively justified reasons, unless otherwise agreed. Withdrawal by the contractual partner – cancellation fee

5.5 Up to 3 months before the guest's agreed day of arrival at the latest, the accommodation contract may be terminated by unilateral declaration by the contractual partner without payment of a cancellation fee.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees: – up to 1 month before the day of arrival 40 % of the total arrangement price; – up to 1 week before the day of arrival 70 % of the total arrangement price; – in the last week before the day of arrival 90 % of the total arrangement price. 5 to 3 months, 3 months to 1 month, 1 month to 1 week, in the last week: no cancellation fees, 40 %, 70 %, 90 %. Impediments to arrival

5.7 If the contractual partner is unable to appear at the accommodation establishment on the day of arrival because all means of travel are impossible due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contractual partner is not obliged to pay the agreed remuneration for the days of arrival.

5.8 The obligation to pay remuneration for the booked stay is revived from the moment arrival becomes possible, if arrival becomes possible again within three days.

§ 6 Provision of Substitute Accommodation

6.1 Any additional expenses for the substitute accommodation are borne by the accommodation provider.

§ 7 Rights of the Contractual Partner

7.1 By concluding an accommodation contract, the contractual partner acquires the right to the customary use of the rented rooms and of the facilities of the accommodation establishment which are usually and without special conditions accessible to guests for use, and to the customary service. The contractual partner must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contractual Partner

8.1 The contractual partner is obliged to pay the agreed remuneration, plus any additional amounts arising from separate use of services by them and/or the guests accompanying them, plus statutory VAT, at the latest at the time of departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these are accepted as payment where practicable at the daily exchange rate. Should the accommodation provider accept foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as enquiries with credit card companies, telegrams, etc.

8.3 The contractual partner is liable to the accommodation provider for any damage caused by them or the guest or other persons who accept services of the accommodation provider with the knowledge or intent of the contractual partner.

§ 9 Rights of the Accommodation Provider

9.1 If the contractual partner refuses to pay the stipulated remuneration or is in arrears with it, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien pursuant to § 1101 ABGB over the items brought in by the contractual partner or the guest. This right of retention or lien is further available to the accommodation provider to secure their claim under the accommodation contract, in particular for catering, other expenses incurred on behalf of the contractual partner and for any compensation claims of any kind.

9.2 If service is requested in the contractual partner's room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. This special fee must, however, be displayed on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider is entitled to invoice or interim-invoice their services at any time.

§ 10 Obligations of the Accommodation Provider

10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to their standard.

10.2 Special services of the accommodation provider subject to display requirements, which are not included in the accommodation remuneration, are, by way of example: a) special accommodation services which may be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc.; b) a reduced price is charged for the provision of extra or children's beds.

§ 11 Liability of the Accommodation Provider for Damage to Items Brought In

11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider's liability only exists if the items were handed over to the accommodation provider or to persons authorised by the accommodation provider, or were brought to a place designated or intended for this purpose by them. Unless the accommodation provider succeeds in providing evidence to the contrary, the accommodation provider is liable for their own fault or the fault of their people as well as of persons coming and going. The accommodation provider is liable pursuant to § 970 para 1 ABGB up to a maximum of the amount set out in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or the guest does not comply without delay with the accommodation provider's request to deposit their items at a special place of safekeeping, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited at most to the liability insurance sum of the respective accommodation provider. Any fault of the contractual partner or guest is to be taken into account.

11.2 For valuables, money and securities the accommodation provider is only liable up to the amount of currently € 550.–. The accommodation provider is liable for any damage exceeding this only in the event that they accepted these items for safekeeping in knowledge of their nature, or in the event that the damage was caused by themselves or one of their people. The limitation of liability pursuant to 12.1 applies mutatis mutandis. 8

11.3 The accommodation provider may refuse the safekeeping of valuables, money and securities if the items concerned are significantly more valuable than those guests of the accommodation establishment in question usually deposit for safekeeping.

§ 12 Limitations of Liability

12.1 If the contractual partner is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits are not compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.

§ 13 Keeping of Animals

13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, where applicable, against a special charge.

13.2 The contractual partner who brings an animal is obliged to keep or supervise this animal properly during their stay or to have it kept or supervised at their own expense by suitable third parties.

13.3 The contractual partner or guest who brings an animal must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of the relevant insurance is to be provided upon request by the accommodation provider. 9

13.4 The contractual partner or their insurer are jointly and severally liable to the accommodation provider for the damage caused by animals brought in. The damage also includes, in particular, those compensation payments which the accommodation provider has to make to third parties.

13.5 Animals are not permitted in the lounges, function rooms, restaurant areas and wellness areas.

§ 14 Extension of the Accommodation

14.1 The contractual partner has no claim to an extension of their stay. If the contractual partner gives timely notice of their wish to extend the stay, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contractual partner is unable to leave the accommodation establishment on the day of departure because all means of departure are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this period is, if at all, only possible if the contractual partner is unable to fully use the services offered by the accommodation establishment as a result of the extraordinary weather conditions. The accommodation provider is entitled to demand at least that remuneration which corresponds to the price usually charged in the off-season.

§ 15 Termination of the Accommodation Contract – Early Dissolution

15.1 If the accommodation contract was concluded for a definite period, it ends upon expiry of that period.

15.2 The contract with the accommodation provider ends upon the death of a guest.

15.3 If the accommodation contract was concluded for an indefinite period, the contracting parties may dissolve the contract until 10:00 a.m. on the third day before the intended end of the contract.

15.4 The accommodation provider is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contractual partner or the guest a) makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper conduct, spoils the coexistence for the other guests, the owner, their people or the third parties residing in the accommodation establishment, or makes themselves guilty towards these persons of an act punishable by law against property, morality or physical safety; b) is afflicted by a contagious disease or an illness that extends beyond the duration of the accommodation, or otherwise becomes in need of care; c) does not pay the invoices submitted when due within a reasonably set period (3 days).

15.5 If performance of the contract becomes impossible due to an event to be classified as force majeure (e.g. natural events, strike, lockout, official orders, etc.), the accommodation provider may dissolve the accommodation contract at any time without observing a notice period, unless the contract is already deemed dissolved by law or the accommodation provider is released from their obligation to accommodate. Any claims for compensation, etc., of the contractual partner are excluded.

§ 16 Illness or Death of the Guest

16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will, at the guest's request, arrange for medical care. In the event of imminent danger, the accommodation provider will arrange medical care even without a specific request from the guest, in particular where this is necessary and the guest is not able to do so themselves.

16.2 As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange medical treatment at the guest's expense. However, the extent of these care measures ends at the point at which the guest is able to make decisions or the relatives have been notified of the illness.

16.3 The accommodation provider has claims for compensation against the contractual partner and the guest or, in the event of death, against their legal successors, in particular for the following costs: a) outstanding medical costs, costs for patient transport, medication and medical aids; b) room disinfection that has become necessary; c) linen, bed linen and bedding that has become unusable, otherwise for the disinfection or thorough cleaning of all these items; d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death; e) room rent, insofar as the premises were used by the guest, plus any days on which the rooms were unusable due to 11 disinfection, clearance or similar; f) any other damage incurred by the accommodation provider.

§ 17 Place of Performance, Place of Jurisdiction and Choice of Law

17.1 The place of performance is the place where the accommodation establishment is located.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) as well as UN sales law.

17.3 In two-sided commercial transactions between entrepreneurs, the exclusive place of jurisdiction is the registered seat of the accommodation provider, whereby the accommodation provider is moreover entitled to assert their rights before any other court with local and subject-matter jurisdiction.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile or habitual residence in Austria, actions against the consumer may only be brought at the consumer's domicile, habitual residence or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's domicile has exclusive jurisdiction over actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, a period begins to run upon delivery of the document ordering the period to the contractual partner who must observe the period. When calculating a period determined by days, the day on which the point in time or the event falls, according to which the start of the period is to be determined, is not counted. Periods determined by weeks or months refer to that day of the week or of the month which, by its name or number, corresponds to the day from which the period is to be counted. If that day is missing in the month, the last day of that month is decisive.

18.2 Declarations must have been received by the respective other contractual partner on the last day of the period (24:00).

18.3 The accommodation provider is entitled to set off their own claims against claims of the contractual partner. The contractual partner is not entitled to set off their own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the contractual partner's claim has been established by a court or acknowledged by the accommodation provider.

18.4 In the event of gaps in the provisions, the corresponding statutory provisions apply.

The Austrian Hotel Regulations (Österreichisches Hotelreglement) apply in addition (hotelverband.at). As of 2026 · Subject to typesetting and printing errors as well as changes.

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