GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006

(AGBH 2006) Version of November 15, 2006

§ 1 Scope

These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version of September 23, 1981. The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.

§ 2 Definitions

"Proprietor": Means a natural or legal person who accommodates guests for a fee.
"Guest": Means a natural person who makes use of accommodation. The Guest is usually also the Party. Guests also include those persons traveling with the Party (e.g., family members, friends, etc.).
"Party": Means a natural or legal person from Austria or abroad who concludes an Accommodation Agreement as a Guest or for a Guest.
"Consumer" and "Entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
"Accommodation Agreement": Means the contract concluded between the Proprietor and the Party, the content of which is regulated in more detail below.

§ 3 Conclusion of Contract – Down Payment

The Accommodation Agreement is concluded upon the acceptance of the Party's order by the Proprietor. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and the receipt occurs during the specified business hours of the Proprietor.

The Proprietor is entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this case, the Proprietor is obliged to inform the Party of the required down payment before accepting the written or oral order. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement is concluded upon receipt of the declaration of consent regarding the payment of the down payment by the Proprietor.

The Party is obliged to pay the down payment no later than 7 days (arriving) before the accommodation. The costs for the money transaction (e.g., transfer fees) shall be borne by the Party. For credit and debit cards, the respective conditions of the card companies apply. The down payment is a partial payment of the agreed fee.

§ 4 Start and End of Accommodation

The Party has the right, unless the Proprietor offers a different check-in time, to occupy the rented rooms from 4:00 p.m. on the agreed day ("arrival day"). If a room is used for the first time before 6:00 a.m., the previous night counts as the first overnight stay.

The rented rooms must be vacated by the Party by 12:00 p.m. on the day of departure. The Proprietor is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Rescission of the Accommodation Agreement – Cancellation Fee

Rescission by the Proprietor

If the Accommodation Agreement provides for a down payment and the down payment was not made on time by the Party, the Proprietor may rescind the Accommodation Agreement without a grace period.

If the Guest does not appear by 6:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed upon. If the Party has made a down payment, the rooms remain reserved until 12:00 p.m. of the day following the agreed arrival day at the latest.

In the case of prepayment for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the day of arrival counting as the first day, unless the Guest announces a later arrival day.

Up to 3 months before the agreed arrival day of the Party at the latest, the Accommodation Agreement may be dissolved by the Proprietor for objectively justified reasons, unless otherwise agreed, by unilateral declaration.

Rescission by the Party – Cancellation Fee

Up to 3 months before the agreed arrival day of the Guest at the latest, the Accommodation Agreement may be dissolved by the Party by unilateral declaration without payment of a cancellation fee.

Outside the period specified in § 5.5, rescission by unilateral declaration of the Party is only possible upon payment of the following cancellation fees:

Up to 1 month before the arrival day: 40% of the total arrangement price.
Up to 1 week before the arrival day: 70% of the total arrangement price.
In the last week before the arrival day: 90% of the total arrangement price.

Up to 3 months	3 months to 1 month	1 month to 1 week	In the last week
No cancellation fees	40 %	70 %	90 %

Obstacles to Arrival: If the Party cannot appear at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the Party is not obliged to pay the agreed fee for the days of arrival. The obligation to pay the fee for the booked stay resumes as soon as arrival becomes possible again within three days.

§ 6 Provision of Substitute Accommodation

The Proprietor may provide the Party or the Guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially if the deviation is minor and objectively justified. An objective justification exists, for example, if the room(s) have become unusable, guests already staying extend their stay, there is an overbooking, or other important operational measures require this step. Any additional expenses for the substitute accommodation shall be at the expense of the Proprietor.

§ 7 Rights of the Party

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

§ 8 Obligations of the Party

The Party is obliged to pay the agreed fee plus any additional amounts incurred due to separate service utilization by them and/or the guests accompanying them, plus statutory VAT, no later than the time of departure. The Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these will be taken in payment at the daily exchange rate as far as practicable.

If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc. The Party is liable to the Proprietor for any damage caused by them or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.

§ 9 Rights of the Proprietor

If the Party refuses to pay the stipulated fee or is in arrears with it, the Proprietor has the statutory right of retention according to § 970c ABGB as well as the statutory right of lien according to § 1101 ABGB on the items brought in by the Party or the Guest. This right of retention or lien also serves to secure the Proprietor's claims under the Accommodation Agreement, in particular for catering, other expenses made for the Party, and for any compensation claims of any kind.

If service is requested in the Party's room or at extraordinary times (after 8:00 p.m. and before 6:00 a.m.), the Proprietor is entitled to charge a special fee. This special fee must be indicated on the room price board. The Proprietor may also refuse these services for operational reasons. The Proprietor has the right to settle or issue interim bills for their services at any time.

§ 10 Obligations of the Proprietor

The Proprietor is obliged to provide the agreed services to an extent corresponding to their standard. Special services of the Proprietor that are subject to labeling and not included in the accommodation fee include, for example:

Special accommodation services that can be invoiced separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garaging, etc.
A reduced price is charged for the provision of additional or children's beds.

§ 11 Liability of the Proprietor for Damage to Items Brought in

The Proprietor is liable according to §§ 970 et seq. ABGB for the items brought in by the Party. Liability only exists if the items have been handed over to the Proprietor or persons authorized by the Proprietor or brought to a place designated or intended for this purpose by them. If the Proprietor cannot provide proof, the Proprietor is liable for their own fault or the fault of their people as well as incoming and outgoing persons.

According to § 970 Para. 1 ABGB, the Proprietor is liable at most up to the amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their items in a special storage location, the Proprietor is released from any liability.

The amount of any liability is limited to a maximum of the Proprietor's liability insurance sum. Fault on the part of the Party or Guest must be taken into account. Liability is excluded for slight negligence. If the Party is an entrepreneur, liability is also excluded for gross negligence. In this case, the Party bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.

For valuables, money, and securities, the Proprietor is only liable up to the current amount of € 550.-. The Proprietor is only liable for damage exceeding this amount if they have accepted these items for storage with knowledge of their nature or if the damage was caused by themselves or one of their people.

The Proprietor may refuse the storage of valuables, money, and securities if they are significantly more valuable than items usually given for storage by guests of the establishment in question. In any case of accepted storage, liability is excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage upon discovery. Furthermore, these claims must be asserted in court within three years of knowledge or possible knowledge.

§ 12 Limitations of Liability

If the Party is a consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, is excluded. If the Party is an entrepreneur, liability for slight and gross negligence is excluded. In this case, the Party bears the burden of proof for the existence of fault. Consequential, non-material, or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the reliance interest.

§ 13 Animal Husbandry (Pets)

Animals may only be brought into the accommodation establishment with the prior consent of the Proprietor and, if applicable, for a special fee. The Party taking an animal with them is obliged to properly keep or supervise this animal during their stay or to have it kept or supervised by suitable third parties at their own expense.

The Party or Guest must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of insurance must be provided upon request. The Party or their insurer is jointly and severally liable to the Proprietor for damage caused by animals brought along. Damage specifically includes compensation that the Proprietor has to provide to third parties. Animals are not allowed in the salons, social rooms, restaurants, and wellness areas.

§ 14 Extension of Accommodation

The Party has no claim to an extension of their stay. If the Party announces their wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor is under no obligation to do so.

If the Party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the Accommodation Agreement is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the Party cannot fully utilize the offered services due to the extraordinary weather conditions. The Proprietor is entitled to demand at least the fee that corresponds to the price usually charged in the low season.

§ 15 Termination of the Accommodation Agreement – Early Dissolution

If the Accommodation Agreement was concluded for a fixed term, it ends upon expiry of the term. If the Party departs prematurely, the Proprietor is entitled to demand the full agreed fee. The Proprietor will deduct what they saved as a result of the non-use of their services or what they obtained by renting the booked rooms to others. A saving only exists if the accommodation establishment is fully occupied at the time of non-use and the room can be rented to other guests due to the cancellation. The burden of proof for the saving lies with the Party.

The contract with the Proprietor ends upon the death of a Guest. If the Accommodation Agreement was concluded for an indefinite period, the contracting parties may dissolve the contract by 10:00 a.m. on the third day before the intended end of the contract.

The Proprietor is entitled to dissolve the Accommodation Agreement with immediate effect for good cause, in particular if the Party or Guest:

Makes a significantly detrimental use of the rooms or, through their inconsiderate, offensive, or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, their people, or third parties residing in the establishment.
Is afflicted by a contagious disease or a disease that exceeds the duration of accommodation or otherwise requires care.
Does not pay the invoices presented when due within a reasonably set period (3 days).

If the fulfillment of the contract becomes impossible due to an event of force majeure (e.g., natural events, strike, lockout, official orders, etc.), the Proprietor may dissolve the contract at any time without notice. Any claims for damages etc. by the Party are excluded.

§ 16 Illness or Death of the Guest

If a Guest falls ill during their stay, the Proprietor will provide medical care at the Guest's request. If there is danger in delay, the Proprietor will arrange for medical care even without the Guest's specific request. As long as the Guest is unable to make decisions or the relatives cannot be contacted, the Proprietor will provide medical treatment at the Guest's expense.

The Proprietor has claims for reimbursement against the Party and the Guest (or their legal successors in the event of death) for:

Outstanding medical costs, transport, and medication.
Necessary room disinfection.
Linens, bedding, and bed equipment that have become unusable (otherwise for disinfection/cleaning).
Restoration of walls, furniture, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death.
Room rent, including days the room was unusable due to disinfection or clearing.

§ 17 Place of Performance, Jurisdiction and Choice of Law

The place of performance is the location where the accommodation establishment is situated. This contract is subject to Austrian formal and material law, excluding the rules of international private law (esp. IPRG and ROM I) as well as UN Sales Law.

The exclusive place of jurisdiction for bilateral business transactions is the seat of the Proprietor. For consumers residing in Austria, the place of jurisdiction is their place of residence, habitual abode, or place of employment. For consumers residing in the EU (excluding Austria), Iceland, Norway, or Switzerland, the court at the consumer's place of residence has exclusive jurisdiction.

§ 18 Miscellaneous

Unless otherwise provided, a period begins upon delivery of the document specifying the period to the Party. When calculating a period determined by days, the day in which the point in time or the event falls is not included. Periods determined by weeks or months refer to the day of the week or month which, by its name or number, corresponds to the day from which the period is to be counted.

Declarations must reach the other party by midnight (24:00) on the last day of the period. The Proprietor is entitled to offset their own claims against claims of the Party. The Party is not entitled to offset their own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been established by a court or recognized by the Proprietor. In the event of regulatory gaps, the relevant statutory provisions apply.