HFYou Immo GmbH
T +43 676 44 11 880
Ing. Wilhelm Kollarits
GENERAL TERMS AND CONDITIONS
Table of contents
1 Scope of application. 2
2 Definitions of terms. 2
3 Conclusion of contract – down payment. 2
4 Start and end of accommodation 3
5 Withdrawal from the accommodation contract – cancellation fee 3
6 Provision of substitute accommodation 4
7 Rights of the contracting party 4
8 Obligations of the contracting party 4
9 Rights of the accommodation provider 5
10 Obligations of the Accommodation Provider 5
11 Liability of the accommodation provider for damage to items brought in. 5
12 Limitations of liability. 6
13 Animal husbandry. 6
14 Extension of accommodation 7
15 Termination of the Accommodation Agreement – Premature Termination. 7
16 Illness or death of the guest 8
17 Place of performance, jurisdiction and choice of law 8
18 Miscellaneous 9
§ 1 Scope of application
These General Terms and Conditions for the Hotel Industry (hereinafter
“AGBH 2006”) replace the previous ÖHVB in the version of 23 September 1981.
The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.
§ 2 Definitions of terms
2.1 Definitions of terms:
“Proprietor”: is a natural or legal person who accommodates guests against payment.
“Guest”: is a natural person who makes use of accommodation. As a rule, the Guest is also the contractual partner. Persons who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
“Contractual Partner”: Is a natural or legal person in Switzerland or abroad who concludes an Accommodation Agreement as a Guest or for a Guest.
“Consumer” and “Entrepreneur”: These terms are to be understood within the meaning of the Consumer Protection Act 1979 as amended.
“Accommodation contract”: Is the contract concluded between the hotelier and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of Contract – Down Payment
The lodging contract is concluded by the acceptance of the order of the contract partner by the accommodation provider. Electronic declarations shall be deemed to have been received if the party for whom they are intended can call them up under normal circumstances and access is made during the notified business hours of the accommodation provider.
The Proprietor shall be entitled to conclude the Accommodation Agreement on condition that the Party makes a down payment. In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the Party’s written or oral order. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall become effective upon receipt by the Proprietor of the Party’s declaration of consent to the payment of the down payment.
The contracting party is obliged to pay the deposit at the latest 7 days (incoming) before the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards, the respective conditions of the card companies shall apply.
The down payment is a partial payment on the agreed fee.
§ 4 Start and end of accommodation
The Party shall have the right to move into the rented rooms from 14.00 hrs on the agreed day (“Arrival Date”), unless the Proprietor offers another reference time.
If a room is occupied for the first time before 00.00 a.m., the preceding night shall count as the first overnight stay.
The rented rooms must be vacated by the contractual partner by 11.00 a.m. on the day of departure. The Proprietor shall be entitled to charge an additional day if the rented rooms are not vacated in time.
§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee
Withdrawal by the accommodation provider
If the Accommodation Agreement provides for a down payment and the down payment was not made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting 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 stay, unless a later time of arrival has been agreed.
If the Party has paid a deposit (see 3.3), however, the rooms shall remain reserved until 11.00 a.m. of the day following the agreed date of arrival at the latest. In the event of advance payment of more than four days, the obligation to provide accommodation shall end at 00.00 hours of the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.
At the latest 3 months before the agreed date of arrival of the contractual partner, the accommodation contract can be cancelled by the accommodation provider for objectively justified reasons, unless otherwise agreed, by unilateral declaration
Withdrawal by the contracting party
§ 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 difference is minor and objectively justified.
A factual justification is given, for example, if the room(s) has (have) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures make this step necessary.
Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
§ 7 Rights of the Party
7.1 By concluding an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are accessible to the guests in the usual manner and without special conditions, and to the usual service. The contractual partner must exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
The contractual partner shall be obliged to pay the agreed remuneration plus any additional amounts which have arisen due to the separate use of services by him and/or the guests accompanying him plus statutory value added tax at the latest at the time of departure.
The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, they shall be accepted in payment at the exchange rate of the day if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all costs associated therewith, such as inquiries with credit card companies, telegrams, etc.
The Party shall be liable to the Proprietor for any damage caused by it or the Guest or any other person who accepts the Proprietor’s services with the knowledge or will of the Party.
§ 9 Rights of the Proprietor
If the Party refuses to pay the agreed remuneration or is in arrears with it, the Proprietor shall have the legal right of retention pursuant to § 970c ABGB (Austrian Civil Code) and the legal right of lien pursuant to § 1101 ABGB (Austrian Civil Code) on the items brought in by the Party or the Guest. Furthermore, the Proprietor shall be entitled to this right of retention or lien to secure its claims arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for possible claims for damages of any kind.
If the service is requested in the room of the Party or at unusual times of the day (after 00.00 hrs and before 6.00 hrs), the Proprietor shall be entitled to charge a special fee for this service. However, this extra charge shall be indicated on the room price board. The Proprietor may also refuse these services for operational reasons.
The Proprietor shall have the right to invoice or interim invoice its services at any time.
§ 10 Obligations of the Proprietor
The hotelier is obliged to provide the agreed services to an extent corresponding to its standard.
Special services of the accommodation provider that are subject to labelling and are not included in the accommodation fee are exemplary:
Special services of the accommodation that can be invoiced separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium, garage, etc;
a reduced price will be charged for the provision of additional beds or cots for children.
§ 11 Liability of the accommodation provider for damage to items brought in
The Proprietor shall be liable in accordance with § 970 ff ABGB (Austrian Civil Code) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by them. If the Proprietor is unable to provide proof, the Proprietor shall be liable for its own fault or the fault of its people as well as the persons going in and out. The Proprietor shall be liable in accordance with § 970 Para. 1 ABGB (Austrian Civil Code) up to the maximum amount stipulated in the Federal Act of 16 November 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 at a special place of storage, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault of the Party or Guest shall be taken into account.
The liability of the Proprietor shall be excluded for slight negligence. If the Party is an entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall in no case be
For valuables, money and securities the hotelier is only liable up to the amount of currently € 100,–. The Proprietor shall only be liable for any damage exceeding this amount if it has taken over these items for safekeeping with knowledge of their condition or if the damage was caused by itself or one of its people. The limitation of liability pursuant to 12.1 and 12.2 shall apply accordingly.
The Proprietor may refuse to store valuables, money and securities if they are considerably more valuable than the items usually given in safekeeping by guests of the accommodating establishment concerned.
Liability shall be excluded in any case of storage assumed if the Party and/or Guest fails to notify the Proprietor immediately of the damage that has occurred. Furthermore, these claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall expire.
§ 12 Limitation of Liability
If the Party is a Consumer, the Proprietor shall not be liable for slight negligence, except for personal injury.
If the Party is an Entrepreneur, the Proprietor shall not be liable for slight or gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault, consequential damages, immaterial or indirect damages and lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the interest in confidence.
§ 13 Animal husbandry
Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
The Party taking an animal with it shall be obliged to keep or supervise the animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
The contractual partner or guest who takes an animal with him must have a corresponding animal liability insurance or a private liability insurance that also covers possible damage caused by animals. The Proof of such insurance shall be provided upon request of the Proprietor.
The Party and/or its insurer shall be liable to the Proprietor undividedly for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the Proprietor that the Proprietor has to make to third parties.
Animals are not allowed in the lounges, lounges, restaurants and wellness areas.
§ 14 Extension of accommodation
The contractual partner is not entitled to have his stay extended. If the Party notifies the Proprietor of its wish to extend its stay in time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor is not obliged to do so.
If the Party cannot leave the accommodating establishment on the day of departure because all departure possibilities are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the remuneration for this time is only possible if the contract partner does not use the services offered by the accommodation company in full due to the extraordinary weather conditions.
§ 15 Termination of the Accommodation Contract – Premature Termination
If the accommodation contract has been concluded for a fixed period of time, it shall end with the expiry of that period.
If the Party leaves prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it saves by not using its services or what it has received by renting the rooms ordered elsewhere. A saving shall only be deemed to exist if the accommodation facility is fully utilised at the time of non-utilisation of the rooms ordered by the guest and the rooms can be let to other guests due to the cancellation of the Party. The burden of proof of savings is borne by the contract partner.
By the death of a guest the contract ends with the
If the accommodation contract has been concluded for an indefinite period of time, the parties to the contract may terminate the contract by 00:00 hours on the third day before the agreed end of the contract.
The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect for good cause, in particular if the Party and/or the Guest
uses the premises to a considerable disadvantage or, by his reckless, offensive or otherwise grossly inappropriate behaviour towards the other guests, the owner, his people or third parties living in the accommodation establishment, suffers the loss of the cohabitation or is guilty of an act against property, morality or physical safety towards these persons which is subject to punishment;
is afflicted by a contagious disease or a disease which goes beyond the period of accommodation, or becomes otherwise in need of care;
fails to pay the presented invoices when due within a reasonably set period (3 days).
If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure (e.g. elementary events, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a period of notice, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
§ 16 Illness or death of the guest
If a guest falls ill during his stay in the accommodation, the accommodation provider will provide medical care at the guest’s request. If danger is imminent, the hotelier will arrange for medical care even without the special request of the guest, in particular if this is necessary and the guest is not able to do this himself.
As long as the guest is not able to make decisions or the relatives of the guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the guest. The scope of these care measures ends, however, at the time when the guest is able to make decisions or the relatives have been informed of the case of illness.
The Proprietor shall be entitled to claim damages from the Party and the Guest or, in case of default, from their legal successors, in particular for the following costs:
outstanding medical costs, costs for patient transport, medicines and medical aids
necessary room disinfection,
unusable linen, bedding and bedding fixtures, other- if for disinfection or thorough cleaning of all these items
Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,
Room rent, if the room was used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
any other damage incurred by the hotelier.
§ 17 Place of performance, place of jurisdiction and choice of law
The place of fulfilment is the place where the accommodation facility is located.
This contract is subject to Austrian formal and material law, excluding the rules of private international law (especially IPRG and EVÜ) and UN sales law.
The exclusive place of jurisdiction in the bilateral business shall be the domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
If the Accommodation Agreement was concluded with a Party that is a Consumer and has its residence or habitual abode in Austria, legal action against the Consumer may only be brought at the Consumer’s residence, habitual abode or place of employment.
If the accommodation contract has been concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court that is locally and factually competent for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.
§ Section 18 Miscellaneous
Unless otherwise provided for in the above provisions, the period shall begin to run when the document setting the period is served on the parties to the contract, who must observe the period. When calculating a period of time which is determined by days, the day on which the time or event occurs which determines the beginning of the period of time shall not be counted. Periods of time determined by weeks or months shall refer to the day of the week or month which, by its name or number, corresponds to the day of which the period of time is to be counted. If this day is missing in the month, the last day of this month shall be decisive.
Declarations must be received by the other contracting party on the last day of the period (24:00 hours).
The Proprietor shall be entitled to set off its own claims against claims of the Party against claims of the Proprietor, unless the Proprietor is insolvent or the claim of the Party has been established by a court of law or has been accepted by the Proprietor.
In the event of loopholes in the regulations, the relevant statutory provisions shall apply.