Hotel contract conditions

The hotel contract conditions at a glance.

 

Prices & Conditions

All listed prices include extended half-board and the indicated inclusive services, as well as all taxes and duties, excluding accommodation tax (€ 1.50 per person and day, from 15 years of age).

Cancellation - Cancellation fee

The Austrian hotel contract conditions apply.

In case of late arrival, early departure or cancellation the following conditions apply:

We recommend that you take out travel insurance, which you can conveniently purchase online.

Please understand that we cannot make any binding commitments for room numbers and floors.

Deposit

Please transfer your deposit of € 300,- per booked room ( for family rooms Euro 600,-) to the following account

BANK: Steiermärkische Sparkasse

IBAN: AT362081517600029270

BIC: STSPAT2G

In case of cancellation, we will convert your deposit into a voucher, which can be redeemed at a new desired date. For a refund of the deposit EUR 30,- will be charged for processing

 

 

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   GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)  

Version of 15.11.2006

Table of Contents

§ 1 Scope of Application 2

§ 2 Definitions ................................................................................................................... 2

§ 3 Conclusion of Contract - Deposit ................................................................................................. 3

§ 4 Beginning and end of accommodation .......................................................................................... 3

§ 5 Withdrawal from the accommodation contract - cancellation fee ............................................................... 4

§ 6 Provision of substitute accommodation ............................................................................................. 5

§ 7 Rights of the Party ....................................................................................................... 5

§ 8 Obligations of the Party ................................................................................................... 6

§ 9 Rights of the Proprietor ............................................................................................................ 6

§ 10 Obligations of the Proprietor ......................................................................................................... 7

§ 11 Liability of the Proprietor for Damage to Items Brought into the Accommodation ............................................. 7

§ 12 Limitation of liability ........................................................................................................... 8

§ 13 Keeping of animals . 8

§ 14 Extension of accommodation ................................................................................................ 9

§ 15 Termination of the Accommodation Agreement - Early Termination ............................................ 9

§ 16 Illness or death of the guest in the accommodation contract.................................................... 10

§ 17 Place of performance, jurisdiction and choice of law.......................................................................... 11

§ 18 Miscellaneous... 12

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   § 1 Scope of Application  

1.1 These General Terms and Conditions of Business for the Hotel Industry (hereinafter referred to as

"AGBH 2006") replace the previous ÖHVB in the version of 23 September 2006

1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006

are subsidiary to individual agreements.

   § 2 Definitions  

2.1 Definitions:

"Proprietor" shall mean a natural or legal person who

Legal person who accommodates guests against payment.

"Guest": is a natural person who makes use of accommodation

accommodation. The guest

is usually also a contracting party.

A guest shall also be deemed to be those persons

who arrive with the contracting party

(e.g. family members, friends

etc).

"Contractual partner": Is a natural or legal person of the

at home or abroad who enters into an

Guest or for a guest concludes an accommodation contract

concludes an accommodation contract.

"Consumer" and

"Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act

1979 as amended

understood.

"Accommodation

contract": Is the contract concluded between the accommodation

and the contracting party, the

The contracting party, the content of which is

regulated in more detail below.

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   § 3 Conclusion of the contract - down payment  

3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor

by the Proprietor. Electronic declarations shall be deemed

received if the party for whom they are intended is able to retrieve them under ordinary

Circumstances and the receipt takes place during the published business hours of the Proprietor

of the Proprietor.

3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party

that the Party makes a down payment. In this case

the Proprietor shall, prior to accepting the written or oral order of the Party, notify the

Of the Party, the Proprietor shall inform the Party of the required downpayment

to the Party. If the Party agrees to the down payment (in writing or orally), the accommodation

or verbally), the accommodation contract shall come into force upon receipt of the declaration of

Agreement on the payment of the down payment by the Party

by the Proprietor.

3.3 The Party shall be obliged to pay the down payment at the latest 7 days (received)

prior to the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party

Transfer charges) shall be borne by the Party. For credit and debit cards the

the respective terms and conditions of the card companies shall apply.

3.4 The down payment is a partial payment on the agreed fee.

   § 4 Start and end of accommodation  

4.1 The Party shall have the right, if the Proprietor does not offer a different occupancy period

time, to occupy the rented rooms from 4.00 p.m. on the agreed day ("arrival day")

to move in.

4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first night

the previous night shall count as the first overnight stay.

4.3 The rented rooms shall be vacated by the contracting party on the day of departure by

12.00 a.m. on the day of departure. The Proprietor shall be entitled to charge for a further day if the rented rooms have been

Day if the rented rooms have not been vacated in due time

cleared in due time.

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   § 5 Rescission of the Accommodation Agreement - Cancellation FeeRescission by the Proprietor  

5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been

by the Party in due time, the Proprietor may rescind the Accommodation Agreement without a

The Proprietor may withdraw from the Accommodation Agreement without a grace period.

5.2 If the guest does not appear by 6.00 p.m. on the agreed day of arrival, there shall be no obligation to accommodate the guest

obligation to accommodate, unless a later time of arrival has been agreed

has been agreed.

5.3 If the contracting party has made a down payment (see 3.3), on the other hand

reserved until 12.00 noon on the day following the agreed date of arrival at the latest

day following the agreed date of arrival. In the event of advance payment of more than four days, the

Obligation to provide accommodation shall end at 6 p.m. on the fourth day, the day of arrival being

day, unless the guest gives notice of a later arrival day

announced.

5.4 Up to 3 months prior to the agreed date of arrival of the Party at the latest

the Accommodation Agreement may be terminated by the Proprietor for objectively justifiable

Justified reasons, unless otherwise agreed, by means of a unilateral declaration

Unilateral declaration.

   Cancellation by the Party - Cancellation Fee  

5.5 The Accommodation Agreement may be cancelled by the Party no later than 3 months before the agreed date of the

Contract may be cancelled by the Party without payment of a cancellation fee by unilateral declaration

by the Party without payment of a cancellation fee.

5.6 Outside the period stipulated in § 5.5, cancellation by unilateral declaration by the Party is

Unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees

possible:

- up to 1 month before the day of arrival 40 % of the total arrangement price;

- up to 1 week before the date of arrival 70 % of the total package price;

- 90 % of the total package price in the last week before the date of arrival.

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   up to 3 months 3 months up to 1 month1 month up to 1 weekIn the last week  

no cancellation fee

40 % 70 % 90 %

   Impediments to arrival  

5.7 If the Party is unable to arrive at the accommodation on the day of arrival

due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.)

(e.g. extreme snowfall, flooding, etc.), the contract partner shall not be

the contracting party shall not be obliged to pay the agreed fee for the days of arrival

the days of arrival.

5.8 The obligation to pay the fee for the booked stay shall be revived from the date of arrival

the arrival becomes possible again within three days

becomes possible again.

   § 6 Provision of substitute accommodation  

6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation of the same

(of the same quality), if this is reasonable for the Party, in particular if the accommodation

reasonable, especially if the deviation is minor and objectively justified

justified.

6.2 An objective justification is given, for example, if the room(s) are

(the rooms) has (have) become unusable, guests who have already been accommodated extend their

Guests are extending their stay, there is an overbooking or other important operational measures require this step

Measures necessitate this step.

6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

   § 7 Rights of the Party  

7.1 By entering into an Accommodation Agreement, the Party shall acquire the following rights

the right to the customary use of the rented rooms, the facilities of the accommodation establishment

facilities of the accommodating establishment, which are usually and without special conditions

to the use of the guests and to the usual service.

The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules)

(house rules).

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   § 8 Obligations of the contracting party  

8.1 The contracting party shall be obliged to pay the agreed remuneration, plus any

agreed remuneration plus any additional amounts due to separate use of services by him and/or the

Services by him and/or the guests accompanying him, plus statutory value added tax

plus the statutory value added tax.

8.2 The Proprietor shall not be obliged to accept foreign currencies. If

foreign currencies, they shall be accepted in payment at the exchange rate of the day, if possible

rate of exchange. Should the Proprietor accept foreign currencies or

foreign currencies or cashless means of payment, the Party shall bear all related costs, such as

costs in connection therewith, such as enquiries with credit card companies,

Telegrams, etc.

8.3 The Party shall be liable to the Proprietor for any damage suffered by the Party or the

or the Guest or any other person who accepts the Proprietor's services with the knowledge or will

Services of the Proprietor with the knowledge or will of the Party.

   § 9 Rights of the Proprietor  

9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Party shall be

payment, the Proprietor shall be entitled to the statutory right of retention in accordance with

right of retention pursuant to Section 970c ABGB as well as the statutory right of lien pursuant to Section 1101

ABGB to the items brought in by the Party or the Guest.

This right of retention or lien shall furthermore be available to the Proprietor as security for its

his claim arising from the accommodation contract, in particular for catering,

other expenses incurred on behalf of the Party and for possible

for any claims for compensation of any kind.

9.2 If the service is provided in the room of the Party or at exceptional

Times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor is

shall be entitled to charge a special fee for this. However, this special charge shall be

be indicated on the room rate card. The Proprietor may also refuse these services

services for operational reasons.

9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time

of his services at any time.

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   § 10 Obligations of the Proprietor  

10.1 The Proprietor shall be obliged to provide the agreed services to the extent of his

Services to an extent that corresponds to his standard.

10.2 Special services of the hotelier that are not included in the accommodation fee and that require an award

are exemplary:

a) Special accommodation services that may be charged separately, such as the provision of salads, tea and coffee

such as the provision of lounges, sauna, indoor swimming pool, solarium, garage,

Swimming pool, solarium, garaging, etc;

b) for the provision of additional beds or children's beds, a reduced price shall be charged

Price shall be charged.

   § 11 Liability of the Proprietor for Damage to Items Brought into the Accommodation  

11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party

Things brought in by the Party. The Proprietor shall only be liable if

the items are handed over to the Proprietor or to the persons authorised by the Proprietor

or to a place instructed or designated for this purpose by the latter

or to a place designated for this purpose by the latter. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or for fault on his part

for his own fault or the fault of his staff as well as for the fault of the

persons leaving and arriving. The accommodation provider shall be liable pursuant to § 970 para. 1

ABGB (Austrian Civil Code) up to the maximum amount stipulated in the Federal Law of 16 November 1921 on the

Liability of innkeepers and other entrepreneurs, as amended from time to time

applicable version. If the contracting party or the guest fails to comply with the request of the

of the Proprietor to deposit his or her belongings in a special place of safekeeping, the Proprietor shall be

the Proprietor shall be released from any liability.

The amount of any liability of the Proprietor shall be limited to the maximum

Liability insurance sum of the respective accommodation provider. Any fault of the

of the Party or Guest shall be taken into account.

11.2 The Proprietor shall not be liable for slight negligence. If

if the Party is an entrepreneur, liability shall also be excluded for gross negligence

excluded. In this case, the Party shall bear the burden of proof for the existence of fault

burden of proof for the existence of fault. Consequential or indirect damages as well as

lost profits shall not be compensated under any circumstances.

11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently

currently € 550,--. The Proprietor shall only be liable for any further

Damage only in the event that he has taken over these items for safekeeping with knowledge of their

or in the event that the damage was caused by him or one of his staff

or if the damage was caused by himself or one of his staff. The limitation of liability

according to 12.1 and 12.2 shall apply mutatis mutandis.

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11.4 The Proprietor may refuse to keep valuables, money and securities in safe custody if they are

may refuse the safekeeping of valuables, money and securities if they are considerably more valuable than the

Guests of the accommodation establishment concerned usually give into safekeeping.

11.5 Liability shall be excluded in any case of assumed safekeeping,

if the Party and/or Guest does not immediately notify the Proprietor of the damage

damage to the Proprietor without undue delay. Moreover, these claims shall be

claims shall be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest

or guest; otherwise the right shall be extinguished.

   § 12 Limitation of liability  

12.1 If the Party is a consumer, the Proprietor's liability shall be limited to the following cases

negligence, with the exception of personal injury.

12.2If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded

for slight and gross negligence. In this case, the Party shall bear the

the burden of proof for the existence of fault. Consequential damage,

consequential damage, intangible damage or indirect damage as well as lost

not be compensated. The damage to be compensated shall in any case be limited to the amount of the

Amount of the interest in trust.

   § 13 Keeping of animals  

13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary

and, if applicable, in return for special remuneration.

13.2 The Party bringing an animal shall be obliged to keep the animal properly during its stay

animal during its stay or to supervise it or to have it cared for by suitable

or to have it kept or supervised by a suitable third party at its own expense

third party.

13.3 The contracting party or guest taking an animal with them must have appropriate pet liability insurance or a private insurance

Pet liability insurance or private liability insurance, which also covers possible

which also covers possible damage caused by animals. Proof of the

insurance shall be provided at the request of the Proprietor

provided.

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13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for the

the Proprietor for any damage caused by animals brought along. The damage

shall in particular also include any compensation to be paid by the Proprietor to third parties

The accommodation provider has to provide to third parties.

13.5 Animals shall not be allowed in the lounges, public rooms, restaurant rooms and wellness areas

animals are not permitted.

   § 14 Extension of the accommodation  

14.1 The Party shall not be entitled to have its stay extended

be extended. If the Party gives notice in good time of its wish to extend the stay, the Proprietor may

the Proprietor may agree to the extension of the Accommodation Agreement

agree to the extension. The Proprietor shall not be obliged to do so.

14.2 If the Party is unable to leave the accommodating establishment on the day of departure

due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.)

Circumstances (e.g. extreme snowfall, floods, etc.), all possibilities of departure

the accommodation contract is automatically extended for the duration of the impossibility of departure

automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period

Time shall only be possible if the Party does not use the services offered by the

Services offered by the accommodating establishment due to the extraordinary weather conditions

as a result of the exceptional weather conditions. The Proprietor shall be entitled to

to demand at least that remuneration which corresponds to the price usually charged in the low season

the low season.

   § 15 Termination of the Accommodation Agreement - Early Termination  

15.1 If the accommodation contract has been concluded for a fixed period of time, it shall end

with the expiry of time.

15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration

agreed remuneration. The Proprietor shall deduct what he has saved as a result of his

saved as a result of the non-utilisation of the services offered by the Proprietor or

what he/she has obtained by letting the reserved rooms to other parties. A

Savings shall only be deemed to exist if the accommodation provider at the time of the

The accommodation business is fully occupied at the time of the guest's non-use of the rooms

and the room can be let to other guests due to the cancellation of the contracting party

can be let to further guests. The burden of proof of the savings shall be borne by the

Contracting party.

15.3 The death of a guest shall terminate the contract with the Proprietor.

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15.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties can

parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract

The intended end of the contract.

15.5 The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect

for an important reason, in particular if the Party or the Guest

the Guest

a) makes a considerably detrimental use of the Premises or

through his inconsiderate, offensive or otherwise grossly improper behaviour

the other guests, the owner, the owner's staff or third parties staying in the accommodation establishment

third parties living in the accommodation establishment

or commits an offence punishable by law against the property, morality or

against the property, morality or physical safety of these persons; or

is guilty of an offence

b) is afflicted with a contagious disease or a disease which extends beyond the duration of the accommodation

or is otherwise in need of care;

c) does not pay the submitted invoices when they become due within a reasonably

Within a reasonable period of time (3 days).

15.6 If the fulfilment of the contract is prevented by an event which is to be regarded as force majeure

(e.g. natural disasters, strike, lockout, official decrees, etc.)

the Proprietor may terminate the Accommodation Agreement at any time without observing

Contract at any time without observing a period of notice, provided the contract is not already

already deemed to be terminated by law or the Proprietor is released from his obligation to provide accommodation

obligation to accommodate. Any claims for damages etc. of the Party shall be excluded

are excluded.

   § 16 Illness or Death of the Guest  

16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall, at the request of the Guest

the Proprietor shall provide medical care at the request of the Guest. In case of imminent

in case of imminent danger, the accommodation provider shall arrange for medical care even

Request of the guest, in particular if this is necessary and the guest himself

necessary and the guest is not able to do so himself.

16.2 As long as the guest is not in a position to make decisions or the relatives of the guest cannot be contacted, the accommodation provider shall arrange for medical care

the guest's relatives cannot be contacted, the Proprietor shall, at the

Medical treatment at the expense of the guest. The scope of these care measures

shall, however, end at the time when the guest is able to make decisions or the

or the relatives have been informed of the case of illness

have been notified.

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16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in case of death

against their legal successors in particular for the following costs:

a) outstanding medical costs, costs for ambulance transport, medication and medical aids

b) room disinfection that has become necessary,

c) laundry, bed linen and bed furnishings that have become unusable, otherwise

for the disinfection or thorough cleaning of all these items,

d) restoration of walls, furnishings, carpets, etc,

carpets, etc., in so far as they have been soiled or damaged in connection with the illness or death

or damaged in connection with the illness or death,

e) room rent, insofar as the room was occupied by the guest, plus any

days that the rooms are unusable due to disinfection, evacuation or other reasons

Disinfection, evacuation or similar,

f) any other damages incurred by the Proprietor.

   § 17 Place of performance, place of jurisdiction and choice of law  

17.1 The place of performance shall be the place where the accommodating establishment is located.

17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of

Exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the

and the UN Convention on Contracts for the International Sale of Goods.

17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor

of the Proprietor, whereby the Proprietor shall also be entitled to assert his rights at any other

rights at any other local court having jurisdiction over the subject matter

competent court.

17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its

and has his or her domicile or habitual residence in Austria,

against the consumer may be brought exclusively at the place of residence, the habitual

Place of residence or place of employment of the consumer

place of employment.

17.5 If the accommodation contract has been concluded with a contracting party who is a consumer

and who is domiciled in a member state of the European Union (with the exception of

Austria), Iceland, Norway or Switzerland, the court of the consumer's place of

The consumer's place of residence shall have exclusive jurisdiction for actions against the consumer

and subject matter for actions against the consumer.

   § 18 Miscellaneous  

18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence upon

of a time limit begins with the delivery of the document setting the time limit to the parties to the contract,

which must observe the time limit. Where a time limit is calculated in days

the day in which the time or event after which the period expires falls shall not be counted

or the event on the basis of which the period is to begin.

Time limits expressed in weeks or months refer to the day of the week or month which

of the week or month which, by its name or number, corresponds to the day from which the period is to begin

Day from which the period is to be counted. If this day is missing in the

Month, the last day of that month shall be decisive.

18.2 Declarations must be received by the other party on the last day of the period (midnight)

(midnight) on the last day of the period.

18.3 The Proprietor shall be entitled to set off claims of the Party against its own claims

Own claims against the Party's claim. The Party shall not be entitled to set off its own

Own claims against claims of the Proprietor, unless the Proprietor is

the Proprietor is insolvent or the Party's claim has been judicially determined or

established by a court of law or acknowledged by the Proprietor.

18.4 In the event of any loopholes, the relevant statutory provisions shall apply.