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General terms and conditions

(decided at the 93rd committee meeting of the Hotel Association on September 23, 1981)
§ 1 General
§ 2 Contractual partner
§ 3 Conclusion of contract, down payment
§ 4 Start and end of accommodation
§ 5 Withdrawal from the accommodation contract
§ 6 Provision of substitute accommodation
§ 7 Rights of the guest
§ 8 Duties of the guest
§ 9 Rights of the accommodation provider
§ 10 Duties of the accommodation provider
§ 11 Liability of the accommodation provider for damages
§ 12 Animal husbandry
§ 13 Extension of accommodation
§ 14 Termination of accommodation
§ 15 Illness or death of the guest in the accommodation facility
§ 16 Place of Performance and Jurisdiction

§ 1 General
The (General) Austrian Hotel Contract Terms and Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Terms and Conditions do not exclude special agreements.

§ 2 Contractual partner
(1) In case of doubt, the Party of the Proprietor shall be deemed to be the Customer, even if the Customer has ordered or co-ordered for other named persons.
(2) Persons using the accommodation are guests in the sense of the contractual conditions.

§ 3 Conclusion of contract, down payment
(1) The accommodation contract is usually concluded by the acceptance of the guest’s written or oral order by the accommodation provider.
(2) It can be agreed that the guest pays a deposit.
(3) The Proprietor may also demand advance payment of the entire agreed fee.

§ 4 Start and end of accommodation
(1) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed.
(3) If the guest has paid a deposit, on the other hand, the room(s) shall remain reserved until 12 noon of the following day at the latest.
(4) If a room is used for the first time before 6 a.m., the previous night shall count as the first overnight stay.
(5) The rented rooms are to be vacated by the guest by 12 noon on the day of departure.

§ 5 Withdrawal from the accommodation contract
(1) Up to three months before the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated by either party by unilateral declaration without payment of a cancellation fee. The cancellation notice must be in the hands of the contracting party no later than three months before the agreed date of arrival of the guest.
(2) Up to one month before the agreed day of arrival of the guest at the latest, the accommodation contract can be cancelled by both contracting parties by unilateral declaration, however, a cancellation fee to the extent of the room rate for three days is to be paid. The cancellation notice 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 appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed.
(4) If the guest has paid a deposit, on the other hand, the room(s) shall remain reserved until 12 noon of the following day at the latest.
(5) Even if the guest does not use the ordered rooms or the pension service, 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 received by renting the ordered rooms to other parties. Experience shows that in most cases the savings to the establishment as a result of not providing the service will be 20 percent of the room rate and 30 percent of the meal rate.
(6) It shall be incumbent upon the Proprietor to endeavor to rent the unused rooms to another party in accordance with the circumstances (§ 1107 ABGB).
The cancellation conditions listed in Items 1, 2 and 5 are a non-binding recommendation by the Association within the meaning of Sections 31ff of the Austrian Cartel Act, which was reported to the Vienna Higher Regional Court (OLG) as the Cartel Court under 26 Kt 79/03.

§ 6 Provision of substitute accommodation
(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.
(2) An objective justification is given, for example, if the room(s) has (have) become unusable, already accommodated guests extend their stay or other important operational measures require this step.
(3) Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

§ 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 and without special conditions accessible to the guests for use, and to the usual service.
(2) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
(3) If full board or half board has been agreed upon, the guest has the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals that he/she does not take, provided that he/she has reported this in good time, i.e. by 6 p.m. on the previous day.
(4) Otherwise, in case of the accommodation provider’s readiness to perform, if the guest does not take the agreed meals within the usual hours of the day and in the premises designated for this purpose, the guest shall have no claim for compensation.

§ 8 Duties of the guest
(1) Upon termination of the accommodation contract, the agreed fee shall be paid. Foreign currencies will be accepted by the accommodation provider at the daily exchange rate, if possible. The accommodation provider is not obliged to accept non-cash means of payment such as checks, credit cards, vouchers, etc. All costs necessary upon acceptance of these securities, such as for telegrams, inquiries, etc., shall be borne by the guest.
(2) If food or beverages are available at the accommodation facility but are brought there and consumed in public areas, the accommodation provider shall be entitled to charge reasonable compensation (so-called “stubble money” for beverages).
(3) Before using electrical devices brought by the guests and which do not belong to the usual travel needs, the consent of the accommodation provider must be obtained.
(4) For the damage caused by the guest, the provisions of the law on damages apply. Therefore, the guest is liable for any damage and detriment suffered by the accommodation provider or third parties due to his fault or due to the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim directly from the accommodation provider for compensation.

§ 9 Rights of the accommodation provider
(1) If the guest refuses to pay the agreed fee or is in arrears with it, the owner of the accommodation facility has the right to retain the items brought in to secure his claim from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention.)
(2) The Proprietor shall have the right of lien on the items brought in by the Guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
(3) If service is required in the guest’s room or at unusual times of the day, the Proprietor shall be entitled to charge a special fee for such service; however, such special fee shall be marked on the room rate board. He may also refuse these benefits for operational reasons.

§ 10 Duties of the accommodation provider
(1) The accommodation provider is obliged to provide the agreed services to an extent that corresponds to the standard.
(2) Special services provided by the accommodation provider that are not included in the accommodation fee:
a) special accommodation services that may be charged separately, such as the provision of lounges, sauna and indoor swimming pool, swimming pool, solarium, bunk bath, garaging, etc.
b) a reduced price is charged for the provision of additional beds or cribs.
(3) The awarded prices shall be inclusive prices.

§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider shall be liable for damage suffered by a guest if the damage occurred within the scope of the establishment and the accommodation provider or its employees are at fault.
(2) Liability for items brought in. In addition, the Proprietor shall be liable as the custodian for the property brought in by the accommodated guests up to a maximum amount of Euro 1.100,–, unless he proves that the damage was neither caused by him or one of his employees nor by third parties leaving and entering the house. Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of Euro 550,–, unless he has taken these items into custody with knowledge of their condition or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by stop is legally without effect. The safekeeping of valuables, money and securities may be refused if the items are significantly more valuable than guests of the establishment in question usually give into safekeeping. Agreements by which the liability is to be reduced below the level specified in the above paragraphs shall be invalid. Items shall be deemed to have been brought in if they are taken over by a person in the service of the accommodating establishment or brought to a place assigned by the latter and designated for this purpose. (In particular, §§ 970 ff. ABGB.)

§ 12 Animal husbandry
(1) Animals may be brought into the accommodation establishment only after prior authorization and, if necessary, for a special fee. Animals are not allowed in the lounges, social and restaurant rooms.
(2) The guest shall be liable for any damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner (§ 1320 ABGB).

§ 13 Extension of accommodation
Extension of the stay by the guest requires the consent of the accommodation provider.

§ 14 Termination of accommodation
(1) If the accommodation contract was agreed for a definite period of time, it ends with the expiration of time. If the guest departs prematurely, the accommodation provider is entitled to demand the full agreed fee. However, it shall be incumbent upon the Proprietor to endeavor to rent the rooms not used to another party, in accordance with the circumstances. Otherwise, the provision in § 5 (5) shall apply mutatis mutandis (deduction percentages).
(2) The death of a guest terminates the contract with the accommodation provider.
(3) If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract at any time by giving three days’ notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be considered the first day of the notice period, but only the following day.
(4) If the guest does not vacate his room by 12 noon, the accommodation provider is entitled to charge the room rate for another day.
(5) The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes a considerably disadvantageous use of the premises or, by his inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other residents to live together or behaves in a manner that is unacceptable to the accommodation provider and his staff or to a person living in the accommodation establishment.
person is guilty of an offense punishable by law against property, morals or physical safety;
b) is afflicted with a contagious disease or a disease exceeding the period of accommodation, or requires care;
c) fails to pay the invoice submitted to him/her upon request within a reasonably set period of time.
(6) If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated. However, the accommodation provider is obliged to return the already received remuneration on a pro rata basis, so that he does not derive any profit from the event. (§ 1447 ABGB.)

§ 15 Illness or death of the guest in the accommodation facility
(1) If a guest falls ill during his stay at the accommodation facility, the accommodation provider shall be obliged to provide medical care if this is necessary and the guest is not able to do so himself. The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against the guest’s legal successor:
a) possible reimbursement of medical expenses not yet paid by the guest;
b) for the required room disinfection, if ordered by the public health officer;
c) if necessary, compensation for the laundry, bed linen and bed furnishings that have become unusable, against surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with the illness or death;
e) for the room rent, as well as it is cancelled in connection with the illness or death due to temporary unavailability of the rooms (minimum three, maximum seven days).

§ 16 Place of Performance and Jurisdiction
(1) The place of performance is the place where the accommodation facility is located.
(2) For all disputes arising from the accommodation contract, it is agreed that the court with subject-matter and local jurisdiction for the accommodation establishment, except:
a) the guest, as a consumer, has a place of employment or residence located within the country; in this case, the place of jurisdiction shall be the place notified by the guest in the registration;
b) the guest as a consumer has only one domestic place of employment; in this case, this is agreed as the place of jurisdiction.

Owner, editor and publisher:
Professional Association of the Hotel Industry, 1045 Vienna, Wiedner Hauptstraße 63.
Responsible for the content: Association Managing Director Gabriele Leitner, M.A.