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General Terms and Conditions for the Hotel Industry<\/h2>\t\t\t\t<\/div>\n\t\t\t\t

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(AGBH 2006)<\/strong><\/p>

Version dated 15 November 2006<\/strong>
Adapted 26 January 2026<\/strong><\/p>

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\u00a7 1 Scope of application<\/h3>

1.1<\/h4>

These General Terms and Conditions for the Hotel Industry (hereinafter referred to as \u201cAGBH 2006\u201d<\/strong>) shall replace the previous \u00d6HVB [Austrian Hotel Contract Conditions] as amended on 23 September 1981.<\/p>

1.2<\/h4>

The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be subsidiary to agreements made on an individual basis.<\/p>

\u00a7 2 Definitions<\/h3>

2.1 Definitions<\/h4>

\u201cProprietor\u201d:<\/strong>
means an individual or legal entity that accommodates guests against remuneration.<\/p>

\u201cGuest\u201d:<\/strong>
means an individual who uses accommodation. Usually, the Guest is also the Party. Guests also include those persons who travel with the Party (e.g. family members, friends, etc.).<\/p>

\u201cParty\u201d:<\/strong>
means an individual or legal entity from Austria or abroad who enters into an Accommodation Agreement as a Guest or for a Guest.<\/p>

\u201cConsumer\u201d and \u201cEntrepreneur\u201d:<\/strong>
these terms shall be construed as defined by the Austrian Consumer Protection Act 1979 (Konsumentenschutzgesetz), as amended from time to time.<\/p>

\u201cAccommodation Agreement\u201d:<\/strong>
means the agreement made between the Proprietor and the Party, the contents of which are specified below.<\/p>

\u00a7 3 Execution of the agreement \u2013 Down payment<\/h3>

3.1<\/h4>

The Accommodation Agreement shall be concluded upon acceptance of the Party\u2019s booking by the Proprietor. Electronic declarations shall be deemed to have been received when the party for whom they are intended can retrieve them under ordinary circumstances and the receipt occurs during the Proprietor\u2019s stated business hours.<\/p>

3.2<\/h4>

The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the condition that the Party makes a down payment. In such case, the Proprietor shall inform the Party of the required down payment before accepting the Party\u2019s written or oral booking. If the Party agrees to the down payment, either in writing or orally, the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party\u2019s declaration of consent to pay the down payment.<\/p>

3.3<\/h4>

The Party shall pay the down payment no later than 7 days before the commencement of the accommodation. The Party shall bear the costs of the money transaction (e.g. bank transfer fees). The respective terms and conditions of the card companies shall apply to credit and debit cards.<\/p>

3.4<\/h4>

The down payment shall constitute a partial payment of the agreed remuneration.<\/p>

\u00a7 4 Start and end of accommodation<\/h3>

4.1<\/h4>

Unless the Proprietor offers a different check-in time, the Party shall be entitled to occupy the rented premises from 4:00 p.m. on the agreed day of arrival (\u201carrival day\u201d).<\/p>

4.2<\/h4>

If a room is first occupied before 6:00 a.m., the preceding night shall count as the first overnight stay.<\/p>

4.3<\/h4>

The rented premises shall be vacated by the Party by 12:00 noon on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented premises are not vacated on time.<\/p>

\u00a7 5 Rescission of the Accommodation Agreement \u2013 Cancellation fee<\/h3>

Rescission by the Proprietor<\/h4>

5.1<\/h4>

If the Accommodation Agreement provides for a down payment and the Party has failed to pay the down payment on time, the Proprietor may withdraw from the Accommodation Agreement without granting an additional period of grace.<\/p>

5.2<\/h4>

If the Guest does not arrive by 6:00 p.m. on the agreed arrival day, the Proprietor shall no longer be obliged to provide accommodation, unless a later arrival time has been agreed.<\/p>

5.3<\/h4>

If the Party has made a down payment (see \u00a7 3.3), the accommodation shall remain reserved until no later than 12:00 noon on the day following the agreed arrival day. If payment has been made in advance for more than four days, the obligation to provide accommodation shall end at 6:00 p.m. on the fourth day, with the arrival day counted as the first day, unless the Guest has notified the Proprietor of a later arrival day.<\/p>

5.4<\/h4>

Up to three months before the agreed arrival day, the Proprietor may terminate the Accommodation Agreement by unilateral declaration for objectively justified reasons, unless otherwise agreed.<\/p>

Rescission by the Party \u2013 Cancellation fee<\/h4>

5.5<\/h4>

Up to three months before the agreed arrival day, the Accommodation Agreement may be terminated by the Party by unilateral declaration without payment of a cancellation fee.<\/p>

5.6<\/h4>

Outside the period specified in \u00a7 5.5, withdrawal by the Party by unilateral declaration shall only be possible upon payment of the following cancellation fees:<\/p>

Time before arrival<\/th>	Cancellation fee<\/th><\/tr><\/thead>
More than 3 months<\/td>	No cancellation fee<\/td><\/tr>
Up to 1 month<\/td>	40%<\/strong><\/td><\/tr>
Up to 1 week<\/td>	70%<\/strong><\/td><\/tr>
During the last week<\/td>	90%<\/strong><\/td><\/tr><\/tbody><\/table> Obstacles to arrival<\/h4> 5.7<\/h4> If the Party is unable to arrive at the accommodation establishment on the day of arrival because unforeseen extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) make all means of arrival impossible, the Party shall not be obliged to pay the agreed remuneration for the days of arrival.<\/p> 5.8<\/h4> The obligation to pay the remuneration for the booked stay shall resume once arrival is possible again, provided that arrival becomes possible within three days.<\/p> \u00a7 6 Provision of substitute accommodation<\/h3> 6.1<\/h4> Any additional expenses for substitute accommodation shall be borne by the Proprietor.<\/p> \u00a7 7 Rights of the Party<\/h3> 7.1<\/h4> By concluding an Accommodation Agreement, the Party acquires the right to the customary use of the rented premises, the facilities of the accommodation establishment that are customarily and without special conditions made available for use by guests, and to customary service.<\/p> The Party shall exercise its rights in accordance with any applicable hotel and\/or guest regulations (house rules).<\/p> \u00a7 8 Obligations of the Party<\/h3> 8.1<\/h4> The Party shall be obliged to pay the agreed remuneration, together with any additional amounts arising from separate services used by the Party and\/or accompanying Guests, plus statutory VAT, no later than the time of departure.<\/p> 8.2<\/h4> The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, they shall, where practicable, be accepted at the applicable daily exchange rate.<\/p> If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all costs associated therewith, including enquiries with credit card companies, telegrams, etc.<\/p> 8.3<\/h4> The Party shall be liable to the Proprietor for any damage caused by the Party, the Guest, or any other persons who receive services from the Proprietor with the knowledge or consent of the Party.<\/p> \u00a7 9 Rights of the Proprietor<\/h3> 9.1<\/h4> If the Party refuses to pay the agreed remuneration or is in arrears with payment, the Proprietor shall have the statutory right of retention pursuant to \u00a7 970c of the Austrian General Civil Code (ABGB), as well as the statutory lien pursuant to \u00a7 1101 ABGB on items brought in by the Party or the Guest.<\/p> This right of retention or lien shall also serve to secure the Proprietor\u2019s claims arising from the Accommodation Agreement, in particular claims for catering, other expenses incurred on behalf of the Party, and any claims for damages of any kind.<\/p> 9.2<\/h4> If room service is requested in the Party\u2019s room or at unusual times (after 8:00 p.m. and before 6:00 a.m.), the Proprietor shall be entitled to charge a special fee for such service. This special fee must be stated on the room price list. The Proprietor may also refuse such services for operational reasons.<\/p> 9.3<\/h4> The Proprietor shall be entitled to render accounts or issue interim invoices for its services at any time.<\/p> \u00a7 10 Obligations of the Proprietor<\/h3> 10.1<\/h4> The Proprietor shall be obliged to provide the agreed services to an extent corresponding to the standard of the establishment.<\/p> 10.2<\/h4> Chargeable additional services of the Proprietor that are not included in the accommodation price include, by way of example:<\/p> a)<\/strong> Additional accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor swimming pool, swimming pool, solarium, garage facilities, etc.<\/p> b)<\/strong> A reduced price shall be charged for the provision of additional beds and\/or cots.<\/p> \u00a7 11 Liability of the Proprietor for damage to items brought in<\/h3> 11.1<\/h4> The Proprietor shall be liable pursuant to \u00a7\u00a7 970 et seq. ABGB for items brought in by the Party.<\/p> The Proprietor\u2019s liability shall only apply if the items have been handed over to the Proprietor or persons authorised by the Proprietor, or have been brought to a place designated or instructed by such persons.<\/p> Unless the Proprietor succeeds in providing evidence to the contrary, the Proprietor shall be liable for its own negligence or the negligence of its employees, as well as for the negligence of persons entering or leaving the establishment.<\/p> The Proprietor shall be liable pursuant to \u00a7 970 para. 1 ABGB up to the maximum amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended from time to time.<\/p> If the Party or Guest fails to comply immediately with the Proprietor\u2019s request to deposit their belongings in a special storage location, the Proprietor shall be released from any liability.<\/p> The amount of any liability of the Proprietor shall be limited to the liability insurance coverage of the respective Proprietor. Any contributory negligence of the Party or Guest shall be taken into account.<\/p> 11.2<\/h4> For valuables, money and securities, the Proprietor shall only be liable up to the amount of currently \u20ac550<\/strong>.<\/p> The Proprietor shall only be liable for any damage exceeding this amount if the Proprietor accepted such items for safekeeping while being aware of their nature, or if the damage was caused by the Proprietor or one of the Proprietor\u2019s employees.<\/p> The limitation of liability pursuant to \u00a7 12.1 shall apply accordingly.<\/p> 11.3<\/h4> The Proprietor may refuse to accept valuables, money and securities for safekeeping if these are considerably more valuable than items normally entrusted for safekeeping by guests of the respective accommodation establishment.<\/p> \u00a7 12 Limitations of liability<\/h3> 12.1<\/h4> If the Party is an Entrepreneur, the Proprietor\u2019s liability for slight and gross negligence shall be excluded.<\/p> In such case, the Party shall bear the burden of proof for the existence of negligence.<\/p> Consequential damages, non-material damages or indirect damages, as well as loss of profits, shall not be compensated.<\/p> In any event, the damage to be compensated shall be limited to the amount of the reliance interest.<\/p> \u00a7 13 Animals<\/h3> 13.1<\/h4> Animals may only be brought into the accommodation establishment with the prior consent of the Proprietor and, where applicable, against payment of a special fee.<\/p> 13.2<\/h4> The Party bringing an animal shall be obliged to properly keep and supervise the animal during the stay or have the animal kept or supervised by suitable third parties at the Party\u2019s own expense.<\/p> 13.3<\/h4> The Party or Guest bringing an animal shall have animal liability insurance or private liability insurance that also covers possible damage caused by animals.<\/p> Proof of the relevant insurance shall be provided upon request by the Proprietor.<\/p> 13.4<\/h4> The Party and\/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought into the establishment.<\/p> Such damage shall in particular include any compensation payments that the Proprietor is required to make to third parties.<\/p> 13.5<\/h4> Animals shall not be permitted in lounges, common rooms, restaurants or wellness areas.<\/p> \u00a7 14 Prolongation of the accommodation<\/h3> 14.1<\/h4> The Party shall have no entitlement to an extension of its stay.<\/p> If the Party announces its wish to extend the stay in good time, the Proprietor may agree to such extension. The Proprietor shall have no obligation to do so.<\/p> 14.2<\/h4> If the Party is unable to leave the accommodation establishment on the day of departure because unforeseen extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) have blocked or rendered unusable all means of departure, the Accommodation Agreement shall automatically be extended for the duration of the impossibility of departure.<\/p> A reduction of the remuneration for this period shall only be possible, if at all, where the Party is unable to make full use of the services offered by the accommodation establishment due to the extraordinary weather conditions.<\/p> The Proprietor shall be entitled to charge at least the amount normally charged for the corresponding low-season period.<\/p> \u00a7 15 Termination of the Accommodation Agreement \u2013 Early termination<\/h3> 15.1<\/h4> If the Accommodation Agreement has been concluded for a fixed period, it shall end upon expiry of that period.<\/p> 15.2<\/h4> The death of a Guest shall terminate the Accommodation Agreement with the Proprietor.<\/p> 15.3<\/h4> If the Accommodation Agreement has been concluded for an indefinite period, either Party may terminate the Agreement by 10:00 a.m. on the third day prior to the intended end of the Agreement.<\/p> 15.4<\/h4> The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or Guest:<\/p> a)<\/strong> makes substantially detrimental use of the premises or, through reckless, offensive or otherwise grossly improper behaviour, makes cohabitation with other guests, the owner, the owner\u2019s employees or third parties residing in the accommodation establishment unreasonable, or commits an act punishable by law against property, morality or physical safety;<\/p> b)<\/strong> suffers from an infectious disease or a disease lasting beyond the accommodation period, or otherwise becomes in need of care;<\/p> c)<\/strong> fails to pay invoices presented when due within a reasonable period set by the Proprietor (3 days).<\/p> 15.5<\/h4> If performance of the Agreement becomes impossible due to an event qualifying as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, provided that the Agreement has not already been terminated by law or the Proprietor has otherwise been released from its obligation to provide accommodation.<\/p> Any claims for damages or other compensation by the Party shall be excluded.<\/p> \u00a7 16 Sickness or death of the Guest<\/h3> 16.1<\/h4> If a Guest becomes ill during their stay at the accommodation establishment, the Proprietor shall arrange for medical assistance at the Guest\u2019s request.<\/p> In cases of imminent danger, the Proprietor shall arrange for medical assistance even without a specific request from the Guest, in particular where this is necessary and the Guest is unable to do so themselves.<\/p> 16.2<\/h4> As long as the Guest is unable to make decisions or the Guest\u2019s relatives cannot be contacted, the Proprietor shall arrange medical treatment at the Guest\u2019s expense.<\/p> However, the scope of such assistance shall end once the Guest is able to make decisions or the relatives have been informed of the illness.<\/p> 16.3<\/h4> The Proprietor shall have claims for reimbursement against the Party and the Guest or, in the event of death, against their legal successors, in particular for the following costs:<\/p> a)<\/strong> outstanding medical fees, costs of transportation by ambulance, medication and medical aids;<\/p> b)<\/strong> necessary disinfection of rooms;<\/p> c)<\/strong> laundry, bed linen and bedding that has become unusable, or the costs of disinfecting or thoroughly cleaning such items;<\/p> d)<\/strong> restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death;<\/p> e)<\/strong> room charges insofar as the room was used by the Guest, plus any additional days during which the room cannot be used due to disinfection, clearing, etc.;<\/p> f)<\/strong> any other damage incurred by the Proprietor.<\/p> \u00a7 17 Place of performance, place of jurisdiction and applicable law<\/h3> 17.1<\/h4> The place of performance shall be the place where the accommodation establishment is located.<\/p> 17.2<\/h4> These Terms and Conditions shall be governed by Austrian procedural and substantive law, excluding the provisions of international private law (in particular the Austrian Act on International Private Law (IPRG) and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods (UN Sales Convention).<\/p> 17.3<\/h4> In a bilateral transaction between Entrepreneurs, the exclusive place of jurisdiction shall be the registered office of the Proprietor. However, the Proprietor shall also be entitled to assert its rights before any other court having local and subject-matter jurisdiction.<\/p> 17.4<\/h4> If the Accommodation Agreement has been concluded with a Party who is a Consumer and has their domicile or habitual residence in Austria, actions against the Consumer may only be brought before the court having jurisdiction at the Consumer\u2019s domicile, habitual residence or place of employment.<\/p> 17.5<\/h4> If the Accommodation Agreement has been concluded with a Party who is a Consumer and has their domicile in a Member State of the European Union (except Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction at the Consumer\u2019s domicile shall have exclusive jurisdiction for actions against the Consumer.<\/p> \u00a7 18 Miscellaneous<\/h3> 18.1<\/h4> Unless the above provisions provide otherwise, a period shall commence upon delivery of the document stipulating the period to the Party who is required to comply with the period.<\/p> When calculating a period specified in days, the day on which the point in time or event triggering the commencement of the period occurs shall not be counted.<\/p> Periods specified in weeks or months shall refer to the day of the week or month corresponding by name or number to the day from which the period is calculated.<\/p> If that day does not exist in the respective month, the last day of that month shall be decisive.<\/p> 18.2<\/h4> Declarations must be received by the respective other Party by 12:00 midnight on the last day of the applicable period.<\/p> 18.3<\/h4> The Proprietor shall be entitled to set off claims against claims of the Party.<\/p> The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party\u2019s claim has been established by a court or acknowledged by the Proprietor.<\/p> 18.4<\/h4> In the event of gaps in these provisions, the corresponding statutory provisions shall apply.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":" General Terms and Conditions (GTCs) General Terms and Conditions for the Hotel Industry (AGBH 2006) Version dated 15 November 2006 Adapted 26 January 2026 \u00a7 1 Scope of application 1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as \u201cAGBH 2006\u201d) shall replace the previous \u00d6HVB [Austrian Hotel Contract Conditions] as […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"rs_blank_template":"","rs_page_bg_color":"","slide_template_v7":"","footnotes":""},"class_list":["post-3095","page","type-page","status-publish","hentry"],"yoast_head":"\n