General terms and conditions of business
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB dated September 23, 1981.
1.2 The General Terms and Conditions for the Construction Industry (AGBH 2006) do not preclude special agreements. The General Terms and Conditions for the Construction Industry (AGBH 2006) are subsidiary to individually agreed terms.
§ 2 Definitions
2.1 Definitions of terms:
"Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
"Guest": This refers to a natural person who avails themselves of accommodation. The guest is usually also the contracting party. Those persons who travel with the contracting party (e.g., family members, friends, etc.) are also considered guests.
"Contracting party": This is a natural or legal person from Germany or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
"Consumer" and "entrepreneur": These terms are to be understood in accordance with the Consumer Protection Act 1979 as amended.
"Accommodation contract": This is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of contract - Down payment
3.1 The accommodation contract is concluded upon acceptance of the booking by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the accommodation provider's published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the contracting party's written or verbal booking. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt by the accommodation provider of the contracting party's declaration of consent to pay the deposit.
3.3 The contracting party is obligated to pay the deposit no later than 7 days (receipt date) before the accommodation. The contracting party bears the costs of the money transfer (e.g., bank transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
3.4 The down payment is a partial payment towards the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 4:00 pm on the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 6:00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Cancellation of the accommodation contract - Cancellation fee
Resignation by the host
5.1 If the accommodation contract stipulates a deposit and the deposit has not been paid by the contracting party within the stipulated time, the accommodation provider may withdraw from the accommodation contract without a grace period.
5.2 If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has made a deposit (see 3.3), the premises will remain reserved until 12:00 noon on the day following the agreed arrival date. If prepayment is made for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the arrival day being counted as the first day, unless the guest notifies the hotel of a later arrival date.
5.4 The accommodation contract may be terminated by the accommodation provider by unilateral declaration no later than 3 months before the agreed arrival date of the contracting party, for objectively justified reasons, unless otherwise agreed.
Cancellation by the contractual partner - cancellation fee
5.5 The 14-day right of withdrawal for internet bookings pursuant to Section 18 Paragraph 1 Item 10 FAGG does not apply.
5.6 The accommodation contract can be cancelled by either party by unilateral declaration up to 3 months before the agreed arrival date of the guest without incurring a cancellation fee.
5.7 Outside the period specified in § 5.6, cancellation by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:
- up to 3 months - no cancellation fees
- 3 months to 1 month - 40% of the total arrangement price.
- 1 month to 1 week - 70% of the total arrangement price.
- Last week - 90% of the total arrangement price.
Travel disruptions
5.8 If the contracting party is unable to arrive at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseen exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.9 The obligation to pay for the booked stay is reinstated as soon as travel becomes possible again, if travel becomes possible within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) has become unusable, guests already accommodated extend their stay, there is an overbooking, or other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation agreement, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to separate use of services by him and/or the guests accompanying him, plus statutory VAT, no later than the time of departure.
8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, they will be converted at the prevailing exchange rate. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or will of the contracting party, receive services from the accommodation provider.
§ 9 Rights of the host
9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought onto the premises by the contracting party or the guest. This right of retention or lien also secures the accommodation provider's claims arising from the accommodation contract, in particular for meals.
other expenses incurred on behalf of the contractual partner and any claims for compensation of any kind.
9.2 If service is requested in the guest's room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the hotelier is entitled to charge a special fee. This special fee must be displayed on the room price list. The hotelier may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to issue an invoice or interim invoice for his services at any time.
§ 10 Obligations of the host
10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with its establishment.
10.2 Examples of special services provided by the accommodation provider that are subject to mandatory labeling and are not included in the accommodation fee are:
a) Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.;
b) A reduced price is charged for the provision of extra beds or children's beds.
§ 11 Liability of the innkeeper for damage to items brought onto the premises
11.1 The innkeeper is liable for the belongings brought onto the premises by the contracting party in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB). The innkeeper's liability only applies if the belongings have been handed over to the innkeeper or persons authorized by the innkeeper, or have been brought to a place designated or specified by them. Unless the innkeeper can prove otherwise, the innkeeper is liable for their own negligence or the negligence of their staff, as well as of persons entering and leaving the premises. In accordance with Section 970 Paragraph 1 of the Austrian Civil Code (ABGB), the innkeeper's liability is limited to the amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the contracting party or guest does not immediately comply with the innkeeper's request to deposit their belongings in a designated storage area, the innkeeper is released from all liability. The amount of any liability of the innkeeper is limited to the maximum coverage of their liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contractual partner is a business, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages, as well as lost profits, will under no circumstances be compensated.
11.3 The innkeeper's liability for valuables, money, and securities is limited to the current amount of €550. The innkeeper is liable for any damage exceeding this amount only if they accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the innkeeper or one of their employees. The limitations of liability according to sections 12.1 and 12.2 apply accordingly.
11.4 The innkeeper may refuse to accept valuables, money and securities for safekeeping if they are significantly more valuable than items that guests of the establishment usually deposit.
11.5 In all cases of accepted safekeeping, liability is excluded if the contractual partner and/or guest fails to notify the accommodation provider of any damage immediately upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware, or reasonably being expected to become aware, of the damage; otherwise, the right to claim expires.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence is excluded, with the exception of personal injury.
12.2 If the contractual partner is a business, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the compensable damage is limited to the amount of the reliance interest.
§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly against a special remuneration.
13.2 The contracting party who brings an animal 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.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or its insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. This includes, in particular, any compensation the accommodation provider is required to pay to third parties.
13.5 Animals are not allowed in the salons, common rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no right to an extension of their stay. If the contracting party gives timely notice of their wish to extend their stay, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the guest is unable to leave the accommodation on the day of departure because all means of departure are blocked or unusable due to unforeseen exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the guest is unable to fully utilize the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the usual off-season rate.
§ 15 Termination of the accommodation contract - Early termination
15.1 If the accommodation contract was concluded for a specific period, it ends upon expiry of that period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed price. The accommodation provider will deduct any savings resulting from the non-utilization of their services or any revenue generated from renting the reserved rooms to other guests. Savings only exist if the accommodation provider is fully booked at the time the guest's reserved rooms are not used and the rooms can be rented to other guests due to the contracting party's cancellation. The burden of proof regarding any savings lies with the contracting party.
15.3 The contract with the host ends upon the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes cohabitation unpleasant for the other guests, the owner, his staff or third parties residing in the accommodation establishment, or is guilty of an act punishable against property, morality or physical safety towards these persons;
b) contracts an infectious disease or an illness that extends beyond the accommodation period, or otherwise becomes in need of care;
c) the submitted invoices were not paid within a reasonable period (3 days) when due.
15.6 If performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already deemed terminated by law or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages, etc., by the contractual partner remain unaffected.
are excluded.
§ 16 Illness or death of the guest
16.1 If a guest becomes ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these measures ends as soon as the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for ambulance transport, medication and medical aids
b) necessary room disinfection,
c) unusable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,
e) Room rental, insofar as the premises were used by the guest, plus any days the rooms were unusable due to disinfection, cleaning, etc.
f) any other damages incurred by the accommodation provider.
§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the Austrian Private International Law Act and the Lugano Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other locally and materially competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has his residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise provided in the above provisions, a time limit begins to run upon delivery of the document stipulating the time limit to the contracting parties who are required to observe the time limit. When calculating a time limit specified in days, the day on which the event or occurrence that triggers the start of the time limit occurs is not included. Time limits specified in weeks or months refer to the day of the week or month that corresponds by name or number to the day from which the time limit is to be calculated. If this day does not exist in the month, the last day of that month applies.
18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).
18.3 The accommodation provider is entitled to offset its own claims against claims of the contractual partner. The contractual partner is not entitled to offset its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contractual partner's claim has been legally established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB dated September 23, 1981.
1.2 The General Terms and Conditions for the Construction Industry (AGBH 2006) do not preclude special agreements. The General Terms and Conditions for the Construction Industry (AGBH 2006) are subsidiary to individually agreed terms.
§ 2 Definitions
2.1 Definitions of terms:
"Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
"Guest": This refers to a natural person who avails themselves of accommodation. The guest is usually also the contracting party. Those persons who travel with the contracting party (e.g., family members, friends, etc.) are also considered guests.
"Contracting party": This is a natural or legal person from Germany or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
"Consumer" and "entrepreneur": These terms are to be understood in accordance with the Consumer Protection Act 1979 as amended.
"Accommodation contract": This is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of contract - Down payment
3.1 The accommodation contract is concluded upon acceptance of the booking by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can retrieve them under normal circumstances, and access occurs during the accommodation provider's published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required deposit before accepting the contracting party's written or verbal booking. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract is concluded upon receipt by the accommodation provider of the contracting party's declaration of consent to pay the deposit.
3.3 The contracting party is obligated to pay the deposit no later than 7 days (receipt date) before the accommodation. The contracting party bears the costs of the money transfer (e.g., bank transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
3.4 The down payment is a partial payment towards the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 4:00 pm on the agreed day ("arrival day").
4.2 If a room is occupied for the first time before 6:00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Cancellation of the accommodation contract - Cancellation fee
Resignation by the host
5.1 If the accommodation contract stipulates a deposit and the deposit has not been paid by the contracting party within the stipulated time, the accommodation provider may withdraw from the accommodation contract without a grace period.
5.2 If the guest does not appear by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has made a deposit (see 3.3), the premises will remain reserved until 12:00 noon on the day following the agreed arrival date. If prepayment is made for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the arrival day being counted as the first day, unless the guest notifies the hotel of a later arrival date.
5.4 The accommodation contract may be terminated by the accommodation provider by unilateral declaration no later than 3 months before the agreed arrival date of the contracting party, for objectively justified reasons, unless otherwise agreed.
Cancellation by the contractual partner - cancellation fee
5.5 The 14-day right of withdrawal for internet bookings pursuant to Section 18 Paragraph 1 Item 10 FAGG does not apply.
5.6 The accommodation contract can be cancelled by either party by unilateral declaration up to 3 months before the agreed arrival date of the guest without incurring a cancellation fee.
5.7 Outside the period specified in § 5.6, cancellation by unilateral declaration of the contractual partner is only possible upon payment of the following cancellation fees:
- up to 3 months - no cancellation fees
- 3 months to 1 month - 40% of the total arrangement price.
- 1 month to 1 week - 70% of the total arrangement price.
- Last week - 90% of the total arrangement price.
Travel disruptions
5.8 If the contracting party is unable to arrive at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseen exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.9 The obligation to pay for the booked stay is reinstated as soon as travel becomes possible again, if travel becomes possible within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) has become unusable, guests already accommodated extend their stay, there is an overbooking, or other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation agreement, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to separate use of services by him and/or the guests accompanying him, plus statutory VAT, no later than the time of departure.
8.2 The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider does accept foreign currencies, they will be converted at the prevailing exchange rate. Should the accommodation provider accept foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or will of the contracting party, receive services from the accommodation provider.
§ 9 Rights of the host
9.1 If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought onto the premises by the contracting party or the guest. This right of retention or lien also secures the accommodation provider's claims arising from the accommodation contract, in particular for meals.
other expenses incurred on behalf of the contractual partner and any claims for compensation of any kind.
9.2 If service is requested in the guest's room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the hotelier is entitled to charge a special fee. This special fee must be displayed on the room price list. The hotelier may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to issue an invoice or interim invoice for his services at any time.
§ 10 Obligations of the host
10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with its establishment.
10.2 Examples of special services provided by the accommodation provider that are subject to mandatory labeling and are not included in the accommodation fee are:
a) Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.;
b) A reduced price is charged for the provision of extra beds or children's beds.
§ 11 Liability of the innkeeper for damage to items brought onto the premises
11.1 The innkeeper is liable for the belongings brought onto the premises by the contracting party in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB). The innkeeper's liability only applies if the belongings have been handed over to the innkeeper or persons authorized by the innkeeper, or have been brought to a place designated or specified by them. Unless the innkeeper can prove otherwise, the innkeeper is liable for their own negligence or the negligence of their staff, as well as of persons entering and leaving the premises. In accordance with Section 970 Paragraph 1 of the Austrian Civil Code (ABGB), the innkeeper's liability is limited to the amount stipulated in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the contracting party or guest does not immediately comply with the innkeeper's request to deposit their belongings in a designated storage area, the innkeeper is released from all liability. The amount of any liability of the innkeeper is limited to the maximum coverage of their liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider's liability for slight negligence is excluded. If the contractual partner is a business, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages, as well as lost profits, will under no circumstances be compensated.
11.3 The innkeeper's liability for valuables, money, and securities is limited to the current amount of €550. The innkeeper is liable for any damage exceeding this amount only if they accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the innkeeper or one of their employees. The limitations of liability according to sections 12.1 and 12.2 apply accordingly.
11.4 The innkeeper may refuse to accept valuables, money and securities for safekeeping if they are significantly more valuable than items that guests of the establishment usually deposit.
11.5 In all cases of accepted safekeeping, liability is excluded if the contractual partner and/or guest fails to notify the accommodation provider of any damage immediately upon becoming aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware, or reasonably being expected to become aware, of the damage; otherwise, the right to claim expires.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence is excluded, with the exception of personal injury.
12.2 If the contractual partner is a business, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, will not be compensated. In any case, the compensable damage is limited to the amount of the reliance interest.
§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and possibly against a special remuneration.
13.2 The contracting party who brings an animal 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.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or its insurer is jointly and severally liable to the accommodation provider for any damage caused by animals brought onto the premises. This includes, in particular, any compensation the accommodation provider is required to pay to third parties.
13.5 Animals are not allowed in the salons, common rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no right to an extension of their stay. If the contracting party gives timely notice of their wish to extend their stay, the accommodation provider may agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the guest is unable to leave the accommodation on the day of departure because all means of departure are blocked or unusable due to unforeseen exceptional circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the guest is unable to fully utilize the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the usual off-season rate.
§ 15 Termination of the accommodation contract - Early termination
15.1 If the accommodation contract was concluded for a specific period, it ends upon expiry of that period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed price. The accommodation provider will deduct any savings resulting from the non-utilization of their services or any revenue generated from renting the reserved rooms to other guests. Savings only exist if the accommodation provider is fully booked at the time the guest's reserved rooms are not used and the rooms can be rented to other guests due to the contracting party's cancellation. The burden of proof regarding any savings lies with the contracting party.
15.3 The contract with the host ends upon the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day before the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes cohabitation unpleasant for the other guests, the owner, his staff or third parties residing in the accommodation establishment, or is guilty of an act punishable against property, morality or physical safety towards these persons;
b) contracts an infectious disease or an illness that extends beyond the accommodation period, or otherwise becomes in need of care;
c) the submitted invoices were not paid within a reasonable period (3 days) when due.
15.6 If performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, unless the contract is already deemed terminated by law or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages, etc., by the contractual partner remain unaffected.
are excluded.
§ 16 Illness or death of the guest
16.1 If a guest becomes ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest's expense. However, the scope of these measures ends as soon as the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs:
a) outstanding medical costs, costs for ambulance transport, medication and medical aids
b) necessary room disinfection,
c) unusable laundry, bed linen and bedding, otherwise for the disinfection or thorough cleaning of all these items,
d) Restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,
e) Room rental, insofar as the premises were used by the guest, plus any days the rooms were unusable due to disinfection, cleaning, etc.
f) any other damages incurred by the accommodation provider.
§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular the Austrian Private International Law Act and the Lugano Convention) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other locally and materially competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has his residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise provided in the above provisions, a time limit begins to run upon delivery of the document stipulating the time limit to the contracting parties who are required to observe the time limit. When calculating a time limit specified in days, the day on which the event or occurrence that triggers the start of the time limit occurs is not included. Time limits specified in weeks or months refer to the day of the week or month that corresponds by name or number to the day from which the time limit is to be calculated. If this day does not exist in the month, the last day of that month applies.
18.2 Declarations must be received by the other contracting party on the last day of the deadline (midnight).
18.3 The accommodation provider is entitled to offset its own claims against claims of the contractual partner. The contractual partner is not entitled to offset its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contractual partner's claim has been legally established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.