§ 1. Collection of data
1.1 These general terms and conditions for the hotel industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.
1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) shall replace the previous ÖHVB [Austrian Hotel Contract Conditions] as amended on 23 September 1981.
1.2 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be subsidiary to agreements made on an individual basis.
§ 2 Definitions
means an individual or entity that accommodates guests against remuneration.
means an individual that uses accommodation. Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).
means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest.
„Consumer“ and „Entrepreneur“:
these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.
means the agreement made between the Proprietor and the Party, the contents of which are specified below.
§ 3 Execution of agreement – Down payment
3.1 The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.
§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).
4.2 If a room is occupied for the first time before 6.00 a.m., the preceding night shall be deemed the first night of accommodation.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date of arrival being deemed the first day, unless the Guest informs the Proprietor of a later date of arrival.
5.4 Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation fee
5.5 The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:
up to 1 month before arrival 40 % of the total sum;
up to 1 week before arrival 70 % of the total sum;
within the last week before arrival 90 % of the total sum.
up to 3 months before arrival 3 months to 1 month 1 month to 1 week in the last week
no cancellation fees
Processing fee € 50,- 40 % 70 % 90 %
Prevention from arrival
5.7 If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.
§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.
§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the Party
8.1 The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
8.3 The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 of ABGB with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.
9.2 If services are requested in the room of the Party or during unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge an extra remuneration. However, such extra remuneration shall be indicated on the price board for the room. The Proprietor may also refuse such services for operational reasons.
9.3 The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.
§ 10 Obligations of the Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.
10.2 Extra services of the Proprietor that must be indicated accordingly since they are not included in the accommodation remuneration shall, by way of example, include:
a) Extra accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.;
b) A reduced price shall be charged for the provision of additional beds or cribs.
§ 11 Liability of the Proprietor for damages to items of guests
11.1 The Proprietor shall be liable for the items brought along by the Party in accordance with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or deposited in a place assigned by such or intended for such purpose. Unless the Proprietor provides other evidence, the Proprietor shall be liable for its own fault or the fault of its vicarious agents and visitors. In accordance with § 970 sec. 1 of ABGB, the Proprietor shall only be liable up to the amount specified in the Austrian law on the liability of landlords and other entrepreneurs of 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their items in a special deposit, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the sum insured under the third-party liability insurance of such Proprietor. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.
11.3 The Proprietor shall only be liable for valuables, money and securities up to an amount of currently €550.--. The Proprietor shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with 12.1 and 12.2 shall apply accordingly.
11.4 The Proprietor may refuse to deposit valuables, money and securities if the items are significantly more valuable than those usually handed over for deposition by the guests of the accommodating establishment.
11.5 In each event of deposition, liability shall be excluded if the Party and/or Guest fails to immediately notify the Proprietor of the occurred damage. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Party and/or Guest; otherwise, the right shall become extinct.
§ 12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor may not be held liable for slight negligence, except for bodily injury.
12.2 If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential, non-material or indirect damage and no loss of profit shall be reimbursed. The damage to be reimbursed shall at any case be limited to the amount of the damage incurred because the Party has relied on the validity of the agreement (Vertrauensinteresse).
§ 13 Animals
13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and against extra remuneration.
13.2 The Party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.
13.3 The Party and/or Guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to the Proprietor upon request.
13.4 The Party and/or their insurance company shall be jointly and severally liable towards the Proprietor for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by the Proprietor to third parties.
13.5 Animals shall not be permitted to enter the lounges, saloons, restaurants and wellness zones.
§ 14 Prolongation of the accommodation
14.1 The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.
14.2 If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.
§ 15 Termination of the Accommodation Agreement – Early cancellation
15.1 If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
15.2 If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.
15.3 Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
15.4 If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest
a) makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or other- 10 wise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
b) suffers of a contagious disease or a disease the duration 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 period (3 days).
15.6 If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.
§ 16 Sickness or death of the Guest
16.1 If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of 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 it is not possible to contact the family of the Guest, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
16.3 The Proprietor shall particularly be entitled to damages from the Party or the Guest or, in the event of their death, their successors for the following expenses:
a) unsettled medical costs, costs for ambulance transports, drugs and medical aids
b) room disinfections that have become necessary,
c) linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,
d) restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,
e) rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,
f) any other damage incurred by the Proprietor.
§ 17 Place of performance, place of jurisdiction and applicable law
17.1 The place of performance shall be the place where the accommodating establishment is situated.
17.2 These Terms and Conditions shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
17.3 If the Party is an Entrepreneur, the exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.
17.4 If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile or ordinary residence in Austria, actions against the Consumer may exclusively be filed at the domicile, ordinary residence or place of work of such Consumer.
17.5 If the Accommodation Agreement has been made with a Party that is a Consumer who has their domicile in a member state of the European Union (except for Austria), Iceland, Norway or Switzerland, the court that is competent for the domicile of the Consumer in the event of actions against the Consumer in the relevant matter shall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
18.2 Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).
18.3 The Proprietor shall be entitled to offset any of its claims against claims of the Party. The Party shall not be entitled to offset any of its claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or acknowledged by the Proprietor.
18.4 If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.
§ 2 definition of terms
2.1 Definition of terms: "Accommodation provider": Is a natural or legal person who accommodates guests for a fee.
Is a natural person who uses accommodation. The guest is usually also a contractual partner. Those guests who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
Is a natural or legal person in Switzerland or abroad who concludes an accommodation contract as a guest or for a guest.
"Consumer" and "entrepreneur":
The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
Is the contract concluded between the accommodation provider and the contractual partner, the content of which is regulated in more detail below.
§ 3 Conclusion of contract - down payment
3.1 The accommodation contract is concluded when the accommodation provider accepts the contract partner's order. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access takes place during the proprietor's announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a down payment. In this case, the accommodation provider is obliged to inform the contractual partner of the required down payment before accepting the contractual partner's written or oral order. If the contractual partner declares his consent to the down payment (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent for payment of the down payment by the contractual partner to the accommodation provider.
3.3 The contracting party is obliged to pay the down payment at least 7 days before arrival. The contractual partner bears the costs for the money transaction (eg transfer fees). The respective terms and conditions of the card company apply to credit and debit cards.
3.4 The down payment is a partial payment on the agreed fee.
§ 4 Beginning and end of the accommodation
4.1 If the accommodation provider does not offer any other reference time, the contractual partner has the right to move into the rented rooms from 4:00 p.m. on the agreed day ("arrival day").
4.2 If a room is used for the first time before 6 a.m., the previous night counts as the first night.
4.3 The rented rooms must be vacated by the contractual partner by 12 noon on the day of departure. The accommodation provider is entitled to charge another day if the rented rooms are not cleared in time.
§ 5 Cancellation of the accommodation contract - cancellation fee Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a down payment and the down payment was not made by the contractual partner on time, the accommodation provider can 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 day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), the rooms remain reserved until 12 noon on the day following the agreed day of arrival. If payment is made in advance of more than four days, the accommodation obligation ends at 6 p.m. on the fourth day, the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 The accommodation contract can be terminated by the accommodation provider by objectively justified reasons, unless otherwise agreed, up to 3 months before the agreed date of arrival of the contracting party, unless otherwise agreed. Withdrawal by the contractual partner - cancellation fee
5.5 Up to 3 months before the agreed arrival date of the guest, the accommodation contract can be canceled without paying a cancellation fee by a unilateral declaration by the contractual partner.
5.6 Outside of the in § 5.5. A specified period of time is only possible with a unilateral declaration by the contractual partner, subject to the following cancellation fees:
up to 1 month before the day of arrival 40% of the total arrangement price;
up to 1 week before the day of arrival 70% of the total arrangement price;
in the last week before the day of arrival 90% of the total arrangement price.
up to 3 months no cancellation fees, processing fee € 50, -
Disabilities of arrival
5.7 If the contractual partner cannot appear in the accommodation facility on the day of arrival, because all unforeseen circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay comes to life again from the date of arrival if the arrival is possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider can provide the contractual partner or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room (s) has (have) become unusable, guests who have already been accommodated are extending their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.
§ 7 rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation company, which are available to guests in the usual way and without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and / or guest guidelines (house rules).
§ 8 Obligations of the contract partner
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts incurred as a result of separate use of services by him and / or the guests accompanying him plus statutory sales tax at the latest at the time of departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted as payment at the daily exchange rate. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who receive the accommodation provider's services with the knowledge or will of the contractual partner.
§ 9 rights of the accommodation provider
9.1 If the contractual partner refuses to pay the conditional fee or is in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB and the statutory lien in accordance with § 1101 ABGB to the items brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claim from the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
9.2 If the service is requested in the contract partner's room or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to request a special fee. However, this special fee is to be marked on the room price table. The accommodation provider can also refuse these services for operational reasons.
9.3 The accommodation provider has the right to billing or interim billing of its services at any time.
§ 10 obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the accommodation provider subject to labeling, which are not included in the accommodation fee, are exemplary: a) Special accommodation services that can be billed separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garage, etc.; b) a reduced price is charged for the provision of additional beds or cots.
§ 11 Liability of the accommodation provider for damage to objects brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider is only liable if the goods have been handed over to the accommodation provider or to the people authorized by the accommodation provider or have been brought to a location specified or designated by them. If the accommodation provider fails to provide proof, the accommodation provider is liable for his own fault or for the fault of his people and the outgoing and incoming persons. The accommodation provider is liable according to § 970 Abs. 1 ABGB up to the amount stipulated in the federal law of November 16, 1921 on the liability of innkeepers and other entrepreneurs in the currently applicable version. If the contracting partner or the guest does not immediately comply with the request of the accommodation provider to deposit their items in a special storage location, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to the liability insurance sum of the respective accommodation provider. The fault of the contractual partner or guest must be taken into account.
11.2 The liability of the accommodation provider is excluded for slight negligence. If the contractual partner is an entrepreneur, liability for gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damage as well as lost profits will never be replaced.
11.3 The accommodation provider is only liable for valuables, money and securities up to an amount of currently € 550. The accommodation provider is only liable for any further damage in the event that he has taken over these items for safekeeping, or in the event that the damage was caused by himself or one of his people. The limitation of liability according to 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider can refuse to store valuables, money and securities if the items in question are much more valuable than the guests of the accommodation company in question usually put into storage.
11.5 Liability is excluded in any case of the assumed storage if the contractual partner and / or guest does not immediately notify the accommodation provider of the damage that has occurred. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting partner or guest; otherwise the right has expired.
§ 12 Limitation of Liability
12.1 If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be replaced. In any case, the damage to be replaced is limited by the amount of trust.
§ 13 animal husbandry
13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.
13.3 The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided when requested by the accommodation provider.
13.4 The contractual partner or his insurer are liable to the accommodation provider for undamaged hand for the damage caused by the animals brought along. In particular, the damage also includes those replacement services of the accommodation provider that the accommodation provider has to provide to third parties. 13.5 Animals are not allowed in the salons, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contractual partner is not entitled to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider has no obligation to do so.
14.2 If the contractual partner cannot leave the accommodation facility on the day of departure, because all unforeseen circumstances (e.g. extreme snowfall, flooding, etc.) block all departure options or cannot be used, the accommodation agreement is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this time is only possible if the contractual partner cannot use the services offered by the accommodation company to the full due to the unusual weather conditions. The accommodation provider is entitled to request at least the fee that corresponds to the price usually charged in the off-season.
§ 15 Termination of the accommodation contract - early termination
15.1 If the accommodation contract was concluded for a certain period of time, it ends at the end of time.
15.2 If the contractual partner leaves prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what he saves as a result of not using his range of services or what he has obtained by renting the ordered rooms to someone else. Savings will only be made if the accommodation facility is fully utilized at the time the guest ordered rooms are not used and the room can be rented to other guests due to the cancellation of the contractual partner. The contractual partner bears the burden of proof of the savings.
15.3 The contract with the accommodation provider ends upon the death of a guest.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties can terminate the contract until 10 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 an important reason, especially if the contractual partner or the guest
a) makes considerable disadvantageous use of the premises or, through his reckless, offensive or otherwise grossly improper conduct, disguises the other guests, the owner, his people or the third parties living in the accommodation facility from living together or from an act that is punishable by punishment guilty of property, morality or physical security;
b) is infected by an infectious disease or an illness that extends beyond the duration of the stay, or is otherwise in need of care;
c) the invoices are not paid when due within a reasonable period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event that is to be regarded as force majeure (e.g. elementary events, strike, lockout, official orders, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, unless the contract is already considered to be dissolved under the law , or the accommodation provider is exempt from his accommodation obligation. Any claims for damages etc. by the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay in the accommodation facility, the accommodation provider will provide medical care at the guest's request. If there is imminent danger, the accommodation provider will arrange for medical care even without the guest's special request, especially if this is necessary and the guest is unable to do so himself.
16.2 As long as the guest is unable to make decisions or the relatives of the guest cannot be contacted, the accommodation provider will provide medical treatment at the guest's expense. The scope of these care measures ends, however, when the guest can make decisions or the relatives have been informed of the illness.
16.3 The accommodation provider has claims for compensation against the contractual partner and the guest or in the event of death against their legal successor, in particular for the following costs:
a) Open medical expenses, costs for patient transport, medication and medical aids
b) room disinfection,
c) laundry, bed linen and bedding that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,
e) Rent of the room, insofar as the space was used by the guest, plus any days in which the rooms cannot be used due to disinfection, evacuation, etc.,
f) any other damage to the accommodation provider.
§ 17 Place of performance, jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation is located.
17.2 This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (especially IPRG and EVÜ) and UN sales law.
17.3 The exclusive place of jurisdiction in the bilateral business is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert his rights at any other local and factually competent court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and who is domiciled or habitually resident in Austria, complaints against the consumer can only be brought in at the domicile, the habitual place of residence or the place of employment of the consumer.
17.5 If the accommodation contract with a contractual partner who is a consumer and resides in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, this is the place of residence of the consumer for lawsuits against the consumer locally and factually competent court has exclusive jurisdiction.
§ 18 other
18.1 Unless the above provisions provide anything special, the period begins with the delivery of the document ordering the period to the contracting party, which must meet the period. When calculating a deadline, which is determined by days, the day in which the point in time or the event falls, according to which the beginning of the deadline should follow, is not included. Periods determined by weeks or months refer to those days of the week or month which, by name or number, correspond to the day from which the period is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations must have been received by the other contractual partner on the last day of the period (midnight).
18.3 The accommodation provider is entitled to offset his own claims against the contractual partner's claim. The contract partner is not entitled to offset his own claims against the claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contract partner is judicially determined or recognized by the accommodation provider.
18.4 In the event of gaps in the regulations, the corresponding statutory provisions apply.