General Terms and Conditions from the Austrian Hotel Industry

§ 1 General

The general terms and conditions from the Austrian Hotel Industry present those subject terms of contract which Proprietors usually apply in their accommodation contracts with guests. The terms and conditions from the Austrian Hotel Industry do not exclude special agreements between Proprietor and guest.

§ 2 Contractual Party

(1) The contractual party of the Proprietor is understood as the person who entered into the accommodation agreement, as a guest or for a guest.
(2) Guests are the individuals who utilize the accommodation.

§ 3 Execution of the Agreement, Down Payment

(1) The accommodation agreement shall be deemed entered into when the Proprieter receives a written or verbal booking from the contractual party.
(2) It can be agreed that the guest makes a down payment.
(3) The Proprietor can also demand advance payment of the full agreed amount.

§ 4 Start and End of Accommodation

(1) The guest is entitled to move into the rented rooms from 2pm on the agreed date of arrival.
(2) If the Guest fails to arrive by 6pm on the agreed day of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
(3) If the party has made a down payment then the room(s) will remain reserved until 12.00 noon on the following day, at the latest.
(4) If the room is occupied for the first time before 6 am the preceding night shall be deemed as the first night of accommodation.
(5) The Guest is obliged to vacate the rented room(s) by 12.00 noon on the date of departure.

§ 5 Rescission of the Accommodation Agreement

(1) Both the Party and Proprietor may cancel the accommodation agreement, without having to pay a cancellation fee, up to 3 months before the agreed day of arrival, through unilateral declaration.
The cancellation declaration must be received at the latest 3 months before the agreed day of arrival of the guest.
(2) Up to a month before the agreed day of arrival the accommodation agreement can be cancelled by both parties through a unilateral declaration, however the Guest must pay a cancellation fee amounting to the price of the room for 3 nights.
The cancellation declaration must be received at the latest 1 month before the agreed day of arrival of the guest.
(3) If the Guest fails to arrive by 6pm on the agreed day of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
(4) If the party has made a down payment then the room(s) will remain reserved until 12.00 noon on the following day, at the latest.
(5) Even if the Guest does not utilize the reserved rooms or hotel services he/she is still obliged to pay for the agreed amount in full. The Proprietor must, however, deduct any sum which he has saved through the Guest not utilizing services offered or through renting rooms to other guests. From experience in most cases what the company saves amounts to around 20 % of the room price and 30 % of the board.
(6) The Proprietor is obliged to make a reasonable effort to rent the rooms not utilized to other possible guests. (§ 1107 ABGB).

The conditions of cancellation mentioned in figures 1, 2 and 5 are taken from a non-binding recommendation from the Hotel Industry organisation for the purpose of the §§ 31ff Anti-trust law, which was presented as 26 Kt 79/03 to the anti-trust court OLG Vienna.

§ 6 Provision of Substitute Accommodation

(1) The Proprietor may provide the Guest with adequate substitute accommodation (of the same quality) provided it is reasonable for the Guest, particularly if the difference is insignificant and objectively justified.
(2) An objective justification is for example if the room(s) have become unusable, guests who are already accommodated decide to extend their stay or it is necessary due to other important operational activities.
(3) Any extra expenses arising from such substitute accommodation shall be paid for by the Proprietor.

§ 7 Rights of the Guest

(1) By entering into an accommodation agreement, the Guest shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to guests for use without any special conditions and of usual service.
(2) The Guest is entitled to accommodate the rented room(s) from 2pm on the agreed day of arrival.
(3) In the case of full or half-board, for meals not utilized, the Guest is entitled to substitution board (packed lunch) or a voucher. This is, however, only possible if the Guest notifies the Proprietor of this in good time, that is by 6pm the day before.
(4) Otherwise the Guest has no claim for substitute meals if he/she does not utilize the agreed meals at the usual times and in the usual restaurants.

§ 8 Obligations of the Guest

(1) The Guest is obliged to pay the agreed remuneration on termination of the accommodation agreement. Foreign currencies are accepted as payment by the Proprietor at the current exchange rate. The Proprietor is not obliged to accept non-cash payments such as cheques, credit cards, vouchers etc, if the Proprietor accepts such non-cash payments then the Guest will pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.  
(2) If food or drink is brought into and consumed in public rooms in the establishment where it is possible to obtain food and drink then the Proprietor is entitled to charge for reasonable compensation (so-called "corking fee" for drinks).
(3) The Guest is obliged to receive approval from the Proprietor before using any brought electrical equipment not normally necessary when travelling.
(4) Tort law is applicable to any damage caused by the Guest. Therefore the Guest is liable for damage or harm to the Proprietor or third persons which he/she, and any persons he/she is responsible for, has caused, even if the aggrieved party is entitled to demand damages directly from the Proprietor.

§ 9 Rights of the Proprietor

(1) If the Guest refuses to pay or is in arrears with the agreed remuneration, the Proprietor is entitled to the retention of items brought by the Guest in order to secure the demands of accommodation and board and Guest's expenses. (§ 970 c ABGB legal right of retention.)
(2) In order to ensure payment of the agreed remuneration, the Proprietor is entitled to demand a deposit from the Guest's personal items. (§ 1101 ABGB Proprietor's legal right to deposit.)
(3) If services are requested in the room of the Guest at unusual times, the Proprietor is entitled to demand extra remuneration; this charge must be shown of the room price board. The Proprietor may also refuse these services due to operational reasons.

§ 10 Obligations of the Proprietor

(1) The Proprietor is obliged to provide the agreed services to an extent that complies with its standards.
(2) Extra services offered by the Proprietor which are not included in the charge of accommodation must be accordingly indicated, these can include:
a) Extra accommodation services that may be invoiced separately such as the provision of salons, sauna and indoor pool, solarium, garage etc.
b) for the provision of additional, or children beds will be invoiced at a reduced price
(3) The prices given must be inclusive prices.

§ 11 Liability of the Proprietor for Damages

(1) The Proprietor is liable for damages if they occur within the framework of the company and through the fault of the Proprietor or a service user.  
(2) The Proprietor is liable for items brought by the Guest. The Proprietor, as a custodian, is liable for the items brought by the Guest up to a value of € 1,100 as long as he cannot prove that the damages were caused by him or his vicarious agents and visitors.
Under these conditions the Proprietor is liable for valuables, money and important documents up to a value of € 550, but only if the Proprietor was aware of these items being kept in the hotel or that the Proprietor or service users themselves caused the damage and therefore has unconditional liability. Refusal of liability through assault is ineffectually legal. 
The Proprietor may refuse to deposit valuables, money and securities if the items are significantly more valuable than those normally handed over for deposition. Agreements through which the liability should be lowered under that in the paragraphs above, are void. Items count as "deposited" when they are accepted by a person in service at the hotel or when they are brought to a place especially allocated for such use. (notably §§ 970 ff. ABGB.)

§ 12 Animals

(1) Animals may only be brought into the hotel with the prior approval of the Proprietor and in all cases against extra remuneration.
Animals may not be brought into the salons, common rooms and restaurants.
(2) The Guest is liable for any damage the animal may cause, in keeping with valid legal regulations for animal owners (§ 1320 ABGB).

§ 13 Extension of Accommodation

An extension of the Guest's stay is subject to approval from the Proprietor.

§ 14 Termination of the Accommodation Agreement

(1) If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of that term. If the Guest leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor must however attempt to find another Guest to rent the room. The rules in § 5 (5) are correspondingly valid (percent of deduction).
(2) Upon the death of the Guest, the Agreement with the Proprietor will cease.
(3) If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement giving three days notice. The cancellation must be made before 10:00 otherwise the 3 days will start on the following day.
(4) If the Guest has not vacated the room by 12:00, the Proprietor is entitled to charge for an extra night.
(5) The Proprietor is entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes significantly adverse use of the rooms or makes the stay intolerable for other guests, the owner, its vicarious agents through improper or illegal conduct against property, morality or physical safety;
b) suffers from a contagious disease or a disease of which exceeds the term of accommodation or otherwise is in need of care;
c) fails to settle the presented invoices when they become payable within a reasonably set time period.
(6) The Accommodation Agreement will expire if the fulfilment of the Agreement becomes impossible due to force majeure.

The Proprietor is, however, liable to refund a proportionate amount of received payments, so that he does not make profit from the event. (§ 1447 ABGB.)

§ 15 Illness or Death of the Guest at the Accommodation Establishment

(1) If a Guest becomes ill during their stay at the accommodating establishment, the Proprietor shall arrange for medical care if this is necessary and  the request of the Guest, if the Guest is not able to do so himself.
The Proprietor shall be entitled to damages from the Guest, or the successors (or in the case of death), in the following instances:
a) unsettled medical costs;
b) for the necessary disinfection or the rooms if deemed necessary by the public health officer;
c) if necessary costs for the replacement of linen, bed sheets and bed linen that has become unusable, or for the disinfection or thorough cleaning of these items;
d) for the restoration of walls, furniture, carpets etc., if such have been contaminated or damaged in relation with the sickness or death;
e) for the rent of the room, and for nights which the room was unusable in relation to the illness or death of the Guest. (Minimum of three, maximum of seven days).

§ 16 Place of Fulfilment and Jurisdiction

(1) The place of fulfilment shall be the place where the accommodating establishment is situated.
(2) The local and competent court will be used for all disputes concerning the Accommodation Agreement except if the Guest is a consumer whose domicile or ordinary place of residence is in Austria. Actions against the consumer may only be filed at the domicile, ordinary residence or place of work of said Consumer.