Travel- and cancel conditions
§ 1 scope
These general terms and conditions for the hotel industry (hereinafter "AGBH 2006") replace the previous ÖHVB in the version of 23 September 1981.
The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.
§ 2 definitions
Definition of terms: "Hotelier": is a natural or legal person who accommodates guests for a fee. "Guest": is a natural person who takes shelter. The guest is usually contracting party as well. Guests are also those persons who work with the contracting party. travel (eg family members, friends etc). "Contractual Partner": is a natural or legal person, at home 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. "Accommodation contract": is the contract concluded between the hotelier and the contracting party, the contents of which are specified in more detail below.
§ 3 Contract conclusion - down payment
The accommodation contract is concluded by the acceptance of the order of the contracting party by the hotelier. Electronic explanations apply deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access takes place on the advertised business hours of the hotelier.
The Proprietor is entitled to conclude the accommodation contract on the condition that the contracting party pays a down payment. In this case, the hotelier is obliged, before accepting the written or verbal order of the contracting party, to inform the contracting party of the required down payment. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract comes with the receipt of the agreement to pay the deposit of the contract partner at the hotelier.
The contracting party is obliged to pay the down payment no later than 7 days (incoming) before the accommodation. The costs for the financial transaction (eg transfer charges) are borne by the contracting party. Credit and debit cards are subject to the terms and conditions of the card companies.
The down payment is a partial payment on the agreed fee.
§ 4 Beginning and end of the accommodation
The contracting party has the right that the accommodation provider does not offer any other reference time to move into the rented rooms from 4.00 pm on the agreed day ("arrival day").
If a room is booked for the first time before 6:00 am, the previous night counts as the first night.
The rented rooms are to be cleared by the contractor on the day of departure by 12.00 clock. The hotelier is entitled to charge an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the accommodation contract - cancellation fee Cancellation by the accommodation provider
If the accommodation contract provides for a down payment and the down payment was not made on time by the contractual partner, the accommodation provider may without Acceptance period of the accommodation contract withdraw.
If the guest does not arrive by 6:00 pm on the agreed arrival day, there is no accommodation obligation, unless a later arrival time has been agreed.
If the contractual partner has made a down payment (see 3.3), the rooms will be reserved until 12.00 noon on the day following the agreed arrival date. For prepayment of more than four days, accommodation starts at 6 pm on the fourth day, with the day of arrival being the first day, unless the guest announces a later day of arrival.
Up to 3 months before the agreed date of arrival of the contracting party, the accommodation contract may be canceled by the hotelier, for reasons unless otherwise agreed, be resolved by unilateral declaration. Cancellation by the contracting party - cancellation fee
No later than 3 months before the agreed date of arrival of the guest, the accommodation contract can be canceled without payment of a cancellation fee by unilateral declaration by the contracting party. 5.6 Outside of the period specified in
Resignation by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees: - up to 1 month before the arrival date 40% of the total arrangement price; - up to 1 week before the arrival date 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 3 months to 1 month 1 month to 1 week No cancellation fees in the last week 40% 70% 90% Disabilities of arrival
Up to 3 months before arrival you can cancel free of charge. From 3 months to 1 month before arrival we charge 60% of the travel price.
From 1 month to 1 week before arrival, the cancellation fee is 80% of the travel price, within the last week 100%, for no-show or early departure 100% of the booking price.
On the day of arrival, the contracting party can not appear in the accomodation company because of unpredictable extraordinary circumstances (eg extreme snowfall, flood etc.) If you are unable to travel to and from the hotel, the contractual partner is not obligated to pay the agreed fee for the day of arrival. 5.8 The fee payment obligation for the booked stay lives from the arrival possibility again, if the arrival within three days again possible becomes.
§ 6 Provision of a replacement accommodation
The hotelier may provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, in particular if the deviation is minor and objectively justified.
A factual justification is given, for example, when the room (s) has become unusable, guests already quartered extend their stay, overbooking or other important operational measures necessitate this step.
Any additional expenses for the replacement accommodation will be at the expense of the accommodation provider.
§ 7 Rights of the contracting party
By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, the usual way and without special conditions the guests are accessible for use, and on the usual service. The contractual partner has to exercise his rights in accordance with any hotel and / or guest guidelines (house rules).
§ 8th Obligations of the contracting party
The contracting party is obligated to pay the agreed remuneration plus any additional amounts that have arisen due to separate use of services by him and / or the guests accompanying him, plus statutory value added tax, at the latest at the time of departure.
The hotelier is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be taken into account at the current exchange rate. If the accommodation provider accepts foreign currencies or cash-free means of payment, the contracting party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.
The contracting party shall be liable to the hotelier for any damage he or the guest or other persons who, with the knowledge or the will of the contracting partner, cause the services of the accommodation provider.
§ 9 Rights of the accommodation provider
If the contractual partner refuses to pay the conditional fee or is consequently in arrears, the hotelier is entitled to the legal right of retention in accordance with § 970c ABGB and the legal lien pursuant to § 1101ABGB to the items brought in by the contractual partner or the guest. This right of retention or pledge is also for the hotelier to secure his claim under the accommodation contract, in particular for meals, other expenses incurred for the contracting party and any claims for compensation of any kind.
If the service in the room of the contracting party or at extraordinary times of the day (after 20,00 o'clock and before 6,00 o'clock) is demanded, then the Beherberger is entitled to demand a special fee for it. However, this special fee is to be marked on the room price table. The hotelier can also refuse these services for operational reasons.
The hotelier has the right to any time billing or Zwischenabarechung his performance.
§ 10 Obligations of the hotelier
The hotelier is obliged to provide the agreed services to a standard that meets its standard.
Notifiable special services of the hotelier, which are not included in the accommodation fee, are exemplary: a) special accommodation, which may be charged separately, such as the provision of salons, sauna, indoor pool, swimming pool, solarium, garaging, etc .; b) A reduced price will be charged for the provision of extra beds or cots. deals with much more valuable objects than Guests of the relevant accommodation company usually give into custody.
§ 11 Liability of the accommodation provider for damage to items brought in
The hotelier is liable according to §§ 970 ffABGB for the items brought in by the contracting party. The liability of the hotelier is only given if the goods have been handed over to the hotelier or the people authorized by the hotelier or have been brought to a location designated or designated by the hotelier. If the accommodation provider does not succeed in proving this, the accommodation provider is liable for his or her own fault or the fault of his / her people as well as the persons leaving and arriving. The hotelier is liable in accordance with § 970 para 1 ABGB at most up to the amount stipulated in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contract partner or the guest does not promptly comply with the request of the accommodation provider to deposit his belongings at a special repository, the accommodation provider is released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. An agreement liabilities of the contracting party or guest must be taken into account.
The liability of the accommodation provider is excluded for slight negligence. If the contractor becomes an entrepreneur Liability for gross negligence excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential or indirect damages as well as lost profits are in no way replaced.
For valuables, money and securities the hotelier is liable only up to the amount of currently € 550, -. The hotelier is liable for any further damage only in the event that he has taken over these things in the knowledge of their condition 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 mutatis mutandis. 11.4 The safekeeping of valuables, money and securities can refuse the hotelier, if it is much more valuable items than Guests of the relevant accommodation company usually give into custody.
In each case of the acquired storage, the liability is excluded if the contracting party and / or guest the reported damage from knowledge not immediately to the hotelier. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contracting party or guest; otherwise the right is extinguished.
§ 12 limitations of liability
If the contractual partner is a consumer, the liability of the accommodation provider for slight negligence, with the exception of personal injury, is excluded.
If the contractual partner is an entrepreneur, the liability of the accommodation provider for minor and gross negligence shall be excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be compensated always finds its limit in the amount of the contractual interest.
§ 13 livestock farming
Animals may only be brought to the accommodation company with the prior consent of the hotelier and, if necessary, for a special fee.
The contracting party taking an animal is obliged to properly keep or supervise this animal during his stay or to have this stored or supervised by suitable third parties at its expense.
The contracting party or guest, who takes an animal, has a corresponding animal liability insurance or a private liability insurance, the also covers any damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the accommodation provider. 13.4 The contracting party or its insurance company shall be liable to the hotelier for the undivided hand for the damage caused by the animals brought along. The damage includes in particular also those compensation payments of the accommodation provider, which the accommodation provider has to provide to third parties.
Pets are not allowed in the salons, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
The contracting party has no claim that his stay will be extended. The contracting party terminates his If you wish to extend your stay in good time, the hotelier may agree to the extension of the accommodation contract. The hotelier makes no commitment.
If the contractual partner can not leave the accommodation company on the day of departure because of unforeseeable extraordinary circumstances (eg extreme snowfall, flood etc.) all departure options are blocked or unusable, the accommodation contract will automatically be extended for the duration of the impossibility of departure. A reduction of the remuneration for this period is only possible if the contractual partner can not fully utilize the offered services of the accommodation company due to the exceptional weather conditions. The hotelier is entitled to claim at least the fee corresponding to the usually charged price in the low season.
§ 15 Termination of the accommodation contract - Early termination
If the accommodation contract has been concluded for a certain period of time, it will end with the passage of time.
If the contracting party leaves prematurely, the hotelier is entitled to demand the full agreed remuneration. The hotelier will deduct what he has saved as a result of non-use of a service or what he has received by other letting of the ordered rooms. A saving is only possible if the At the time of non-use of the rooms ordered by the guest, the accommodation provider is fully utilized and the premises can be rented to other guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
The death of a guest ends the contract with the hotelier.
If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract until 10.00 am of the third The day before the intended end of the contract.
The hotelier is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly improper behavior, disgusts the other guests, the owner, the person or the third party resident in the resort, or punishes them with respect to these persons threatened conduct against property, morality or physical safety guilty; (b) becomes infected or otherwise in need of care by an infectious disease or illness which extends beyond the term of accommodation; c) the invoices submitted are not paid when due within a reasonable period (3 days).
If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strike, lockout, official orders etc), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is deemed to be dissolved under the law, or the Accommodation is exempt from his accommodation obligation. Any claims for damages etc of the contracting party are excluded.
§ 16 Illness or death of the guest
If a guest falls ill during his stay at the tourist accommodation, the hotelier will provide medical care for the guests. If Ge-fahr is in default, the hotelier will arrange the medical care even without special request of the guest, especially if this is necessary and the guest himself is not in a position to do so.
As long as the guest is not in a position to make decisions or the relatives of the guest can not be contacted, the host will provide medical treatment at the guest's expense. However, the extent of such care ends when the guest can make decisions or when the family member has been notified of the illness.
The hotelier has claims against the contracting party and the guest or in case of death against their legal successors in particular for the following costs: a) medical costs, medical expenses, medicines and medical treatment b) necessary room disinfection, c) laundry, bed linen and bedding which have become unusable, and others for the disinfection or thorough cleaning of all these objects, d) restoration of walls, furnishings, carpets, etc., if they have been contaminated or damaged in connection with the illness or death, e) Room rental, as far as the room was used by the guest, plus any days of inability to use the rooms due to disinfection, eviction, etc., f) any other damages incurred by the hotelier.
§ 17 Place of fulfillment, jurisdiction and choice of law
Place of performance is the place where the tourist accommodation is located.
This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (IPRG and EVÜ) and UN sales law.
The exclusive place of jurisdiction in the bilateral entrepreneur's business is the domicile of the accommodation provider, whereby the hotelier is also entitled to exercise his rights also to any other local and relevant court.
If the accommodation contract has been concluded with a contracting party who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer may only be brought in at the domicile, habitual residence or place of employment of the consumer.
If the accommodation contract has been concluded with a contracting party who is a consumer and resides in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, this is local and for the consumer's place of residence for actions against the consumer Competent court exclusively responsible
§ 18 Others
Unless otherwise provided for by the above provisions, the period of notice begins upon notification of the document ordering the period to the contracting parties which has to respect the deadline. When calculating a deadline, which is determined by days, the day is not taken into account, in which the time or the event falls, after which the beginning of the deadline shall be determined. Certain terms, which are determined by weeks or months, refer to the days of the week or month, which by its designation or number corresponds to the day of which the deadline is to be counted. If this day is missing in the month, the last day of the month is decisive.
Statements must be received by the other party on the last day of the deadline (24:00).
The Proprietor is entitled to charge against claims of the contractor with its own claims. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party has been determined by a court or recognized by the accommodation provider.
In the case of loopholes, the relevant statutory provisions apply.