General Terms and Conditions
Austrian Hotel Contract Terms and Conditions: (ÖHVB)
(decided at the 93rd committee meeting of the Hotel Industry Association on 23 September 1981)
Section 1 General
The (general) Austrian hotel contract terms represent the content of the contract to which the Austrian accommodation companies usually conclude accommodation contracts with their guests. The Austrian Hotel Agreement Terms and Conditions do not exclude special agreements.
Section 2 Contractors
(1) In case of doubt, the customer shall be deemed to be the contractual partner of the accommodation provider, even if he has ordered or co-ordered for other named persons.
(2) Persons using the accommodation are guests within the meaning of the terms and conditions of the contract.
Section 3 Contract conclusion, down payment
(1) The accommodation contract is usually concluded by the acceptance of the written or oral order of the guest by the accommodation provider.
(2) It can be agreed that the guest will make a deposit.
(3) The accommodation provider may also demand the advance payment of the entire agreed fee.
Section 4 Beginning and end of the accommodation
(1) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.
(2) The Accommodation Provider has the right to withdraw from the contract in the event that the guest does not show up by 6 p.m. on the agreed date of arrival, unless a later arrival date has been agreed.
(3) If the guest has paid a deposit, the room (rooms) remains reserved until 12 o’clock the following day at the latest.
(4) If a room is used for the first time before 6 a.m., the previous night counts as the first overnight stay.
(5) The rented rooms must be vacated by the guest on the day of departure until 10 a.m.
Section 5 Withdrawal from the accommodation contract
(1) The accommodation contract may be terminated by both parties by unilateral declaration no later than three months before the agreed date of arrival of the guest without payment of a cancellation fee.
The cancellation declaration must be in the hands of the contracting party no later than three months before the agreed date of arrival of the guest.
(2) The accommodation contract may be terminated by both parties by unilateral declaration no later than one month before the agreed date of arrival of the guest, but a cancellation fee of the amount of the room price for three days must be paid.
The cancellation declaration must be in the hands of the contracting party no later than one month before the agreed date of arrival of the guest.
(3) The Accommodation Provider has the right to withdraw from the contract in the event that the guest does not show up by 6 p.m. on the agreed date of arrival, unless a later arrival date has been agreed.
(4) If the guest has paid a deposit, the room (rooms) remains reserved until 12 o’clock the following day at the latest.
(5) Even if the guest does not use the rooms or pension benefits ordered, he is obliged to pay the agreed fee to the accommodation provider. However, the accommodation provider must deduct what he saves as a result of not using his service offer or what he has obtained by renting the ordered rooms elsewhere. Experience has shown that in most cases the savings of the company due to the absence of the service will amount to 20 percent of the room price and 30 percent of the catering price.
(6) It is the responsibility of the accommodation provider to make an effort to rent the unused rooms in accordance with the circumstances (Section 1107 OF the German Civil Code).
Section 6 Provision of a replacement accommodation
(1) The accommodation provider may provide the guest with an adequate replacement accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.
(2) A factual justification is given, for example, if the space (the rooms) have become useless, guests who have already been accommodated extend their stay or other important operational measures require this step.
(3) Any additional expenses for the replacement quarter shall be at the expense of the accommodation provider.
Section 7 Rights of the Guest
(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to guests for use without special conditions, and to the usual service.
(2) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.
(3) If full board or half board is agreed, the guest has the right to request adequate replacement (lunch package) or a receipt for meals that he does not use, provided that he has reported this in due time, that is by 6 p.m. the previous day.
(4) Otherwise, if the accommodation provider is willing to perform, if he does not use the agreed meals within the usual times of the day and in the premises designated thereafter, the guest shall not be entitled to compensation.
Section 8 Obligations of the Guest
(1) Upon termination of the accommodation contract, the agreed fee must be paid. Foreign currencies are paid by the accommodation provider at the daily rate.
The accommodation provider is not obliged to accept cashless means of payment such as cheques, credit cards, receipts, vouchers, etc.
All costs necessary for acceptance of these securities, such as telegrams, enquiries, etc., shall be borne by the guest.
2. If food or beverages are available in the accommodation establishment but are brought there and consumed in public spaces, the accommodation provider is entitled to charge for appropriate compensation (so-called “stubble allowance” for drinks).
(3) Prior to commissioning of electrical equipment, which are brought by the guests and which do not belong to the usual travel requirements, the consent of the accommodation provider must be obtained.
(4) The provisions of the right to damages shall apply to the damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the accommodation provider or third parties due to his fault or the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim compensation directly from the accommodation provider.
Section 9 Rights of the Accommodation Provider
1. If the guest refuses to pay the fee or is therefore in arrears, the owner of the accommodation establishment shall have the right to retain the goods brought in in order to secure his claim arising from the accommodation and meals and his expenses for the guest. (Section 970 c ABGB legal right of retention.)
(2) In order to secure the agreed fee, the accommodation provider has the lien on the items brought in by the guest. (Section 1101 ABGB legal lien of the accommodation provider.)
(3) If the service is requested in the guest’s room or at exceptional times of the day, the accommodation provider is entitled to charge a special fee for this; however, this special fee shall be drawn up on the room price table. It may also refuse these benefits for operational reasons.
Section 10 Obligations of the Accommodation Provider
(1) The accommodation provider is obliged to provide the agreed services to a level comline corresponding to the standard.
(2) Special services of the accommodation provider subject to awardage which are not included in the accommodation fee:
(a) special accommodation services which may be invoiced separately, such as the provision of salons, sauna and indoor swimming pool, swimming pool, solarium, floor bath, gardening, etc.
(b) a reduced price shall be charged for the provision of extra beds or cots.
(3) The award prices must be inclusive.
Section 11 Liability of the Carrier for Damages
(1) The accommodation provider shall be liable for damages suffered by a guest if the damage has occurred within the scope of the operation and he or his employees are at fault.
(2) Liability for items brought in. In addition, the accommodation provider is liable as a custodian for the items brought in by the guests received up to a maximum amount of EUR 1,100,–, unless he proves that the damage was not caused by him or any of his employees or caused by strangers who were in the house and incoming persons.
In these circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of EUR 550,–, unless he has custody of these items in the knowledge of their nature or that the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by assault is legally ineffective.
The custody of valuables, money and securities may be refused if the items are much more valuable than guests of the establishment in question usually place in custody. Agreements intended to reduce liability below the level referred to in the paragraphs above are ineffective. Items shall be deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or placed in a place assigned by the accommodation establishment. (In particular, Section 970 ff. ABGB.)
Section 12 Animal husbandry
1. Animals may only be brought into the accommodation establishment after prior authorisation and, if necessary, for a special remuneration.
Animals are not allowed in the salons, social rooms and restaurant rooms.
(2) The guest is liable for the damage caused by the animals brought with him, in accordance with the legal regulations applicable to the keeper (Section 1320 ABGB).
Section 13 Extension of accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
Section 14 Termination of accommodation
(1) If the accommodation contract has been agreed for a certain period of time, it shall end with the expiry of the period. If the guest leaves early, the accommodation provider is entitled to demand the full agreed fee.
However, it is the responsibility of the accommodation provider to make an effort to rent the unused rooms differently, in accordance with the circumstances.
In addition, the provision in Section 5 (5) applies by analogy (percentages deduction).
(2) The contract with the accommodation provider ends with the death of a guest.
(3) If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract at any time if a notice period of three days is met. The notice must reach the contractual partner before 10 a.m., otherwise this day is not considered the first day of the notice period, but only the following day.
(4) If the guest does not vacate his room by 12 o’clock, the accommodation provider is entitled to charge the room rate for another day.
(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
(a) makes a materially detrimental use of the premises or, through his reckless, offensive or otherwise grossly inappropriate behaviour, deprives the other roommates of living together or is guilty of an act of criminality, morality or physical safety against the accommodation owner and his people or a person living in the accommodation establishment;
(b) is affected or in need of care by a contagious disease or exceeding the duration of accommodation;
(c) the invoice submitted to him by request is not paid within a reasonable period of time.
(6) If the performance of the contract becomes impossible due to an event to be regarded as force majeure, the contract shall be terminated.
However, the accommodation provider is obliged to return the remuneration already received on a pro rata basis, so that he does not profit from the event. (Section 1447 ABGB.)
Section 15 Illness or death of the guest in the accommodation establishment
(1) If a guest falls during his stay in the accommodation establishment, the accommodation provider has the duty to provide medical care if this is necessary and the guest himself is not able to do so.
The accommodation provider is entitled to the following reimbursement of costs against the guest or in the event of death against his successor in title:
(a) any replacement of medical expenses not yet paid by the guest;
(b) for the necessary room disinfection, if ordered by the official doctor;
(c) at most, a replacement for the laundry, bed linen and bed dinghism that has become unusable, against the right of follow-up to these items, otherwise for disinfection or thorough cleaning of all such items;
(d) for the restoration of walls, furnishings, carpets, etc., in so far as they have been contaminated or damaged in connection with the disease or death;
(e) for the room rental, as well as in connection with the illness or death due to temporary unusability of the rooms (at least three, maximum seven days).
Section 16 Place of performance and place of jurisdiction
(1) Place of performance shall be the place where the accommodation establishment is located.
(2) For all disputes arising from the accommodation contract, the court competent for the accommodation establishment shall be agreed to be competent in a factual and local manner, in addition to the
(a) the guest is the consumer of a place of employment or residence located in the country; in this case, the place of jurisdiction shall be the place of jurisdiction which was announced by the guest in the application;
(b) the guest, as a consumer, has only one domestic place of employment; in this case, this shall be agreed as the place of jurisdiction.
Pursuant to Section 31 of the Antitrust Act, the cancellation fees referred to in Section 5, Section 1, 2 and 5 are entered in the Cartel Register as a non-binding association recommendation, number 1 Kt 617/97-5.
Owner, publisher and publisher: Association of Hotels, 1045 Vienna, Wiedner Hauptstrasse 63
SUPPLEMENT OF GENERAL BUSINESS CONDITIONS (GTC)
- If you use a double room as a single room, we charge a surcharge of EUR 8,- per day.
- Eur 1.20 tourist tax / municipal tax will be added to the pension price per person per day!
- For short stays (1-2 nights) EUR 3.00 will be charged in summer and EUR 5.00 in winter. The daily rates according to the list are valid from three nights stay.
- The Kröll pleasure half board starts with dinner on the day of arrival and ends with breakfast on the day of departure. The rooms are ready for occupancy from 3 p.m. on the day of arrival and must be vacated by 10.30 a.m. on the day of departure, unless otherwise agreed.
- For your four-legged darling we charge EUR 10,- per day (without food).
- Upon receipt of your deposit, the reservation is considered binding.
- In case of cancellations, late arrivals and early departures, the general terms and conditions for the hotel industry apply. Cancellations can only be accepted in writing
- Cancellation insurance:
In order to save you trouble and financial disadvantages, but also for more security on holiday, we recommend the conclusion of a Hoteltorno Plus insurance of the European Travel Insurance. You can complete these yourself directly online. Click on the European Travel Insurance link and follow the steps.
- We accept cash, EC Card, Mastercard or VISA
- The unforgettable holiday offers can be booked in advance without exception. There is only one benefit per stay.
- With the release of the new price list, all previous ones will lose their validity! Price changes, typos and errors, as well as changes to the offer reserved. The provisions of the Austrian hotel contract law or the general terms and conditions for the hotel industry apply.