General terms and conditions
Austrian Hotel Contract Conditions (ÖHVB)
(Adopted at the 93rd Committee Meeting of the Professional Association of Hotel and Lodging Establishments on 23 September 1981)
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 Party of the Customer, even if the Customer has ordered or co-ordered for other named persons.
(2) Persons making use of the accommodation are guests within the meaning of the terms of the contract.
§ 3 Conclusion of contract, down payment
(1) As a rule, the accommodation contract is concluded by the accommodation provider's acceptance of the guest's written or oral order.
(2) It may be agreed that the guest pays a deposit.
(3) The accommodation provider may also demand advance payment of the entire agreed remuneration.
§ 4 Start and end of the accommodation
(1) The guest has the right to move into the rented rooms from 2 p.m. 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, 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 must be vacated by the guest by 12 noon on the day of departure.
§ 5 Cancellation of the accommodation contract
(1) The accommodation contract may be cancelled by either contracting party by unilateral declaration no later than three months before the agreed date of arrival of the guest without payment of a cancellation fee. The cancellation declaration must be in the hands of the contracting party no later than three months before the agreed date of arrival of the guest.
(2) The accommodation contract may be terminated by either contracting party by unilateral declaration no later than one month before the agreed date of arrival of the guest, but a cancellation fee equal to the room rate for three days shall be paid. The cancellation notice must be in the hands of the Party no later than one month before the agreed date of arrival of the guest.
(3) The accommodation provider shall have 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, the room(s) shall remain reserved until 12 noon of the following day at the latest.
(5) Even if the guest does not make use of the ordered rooms or the guesthouse service, he/she shall be obliged to pay the accommodation provider the agreed remuneration. However, the accommodation provider must deduct what he saves as a result of not making use of his service offer or what he has received by renting the ordered rooms to another party. Experience shows that in most cases the savings made by the establishment as a result of not providing the service will amount to 20 per cent of the room price and 30 per cent of the catering price.
(6) It shall be incumbent on the accommodation provider to endeavour to let the rooms not taken up to another person in accordance with the circumstances (Section 1107 ABGB).
§ 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) have become unusable, guests already accommodated extend their stay or other important operational measures necessitate this step.
(3) Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
§ 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 p.m. on the agreed day.
(3) If full board or half board has been agreed, the guest has the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals which he does not take, provided that he has reported this in good time, i.e. by 6 p.m. of the previous day.
(4) Otherwise, the guest shall have no claim for compensation if the accommodation provider is ready to perform and the guest does not take the agreed meals within the usual times of the day and in the rooms designated for this purpose.
§ 8 Obligations of the guest
(1) Upon termination of the accommodation contract, the agreed remuneration shall be paid. Foreign currencies shall be accepted by the accommodation provider at the exchange rate of the day, if possible. The Proprietor shall not be obliged to accept cashless means of payment such as cheques, credit cards, vouchers, vouchers, etc. All costs necessary for the acceptance of these securities, e.g. for telegrams, enquiries, etc., shall be borne by the guest.
(2) If food or beverages are available at the accommodation establishment but are brought there and consumed in public rooms, the accommodation provider shall be entitled to charge reasonable compensation (so-called "stubble money" for beverages).
(3) The accommodation provider's consent must be obtained before electrical appliances brought by the guests and which are not part of the usual travel requirements are put into operation.
(4) The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third persons due to his/her fault or due to the fault of his/her companions or other persons for whom he/she is responsible, even if the injured party is entitled to directly claim damages from the accommodation provider.
§ 9 Rights of the Proprietor
(1) If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment is entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention).
(2) The accommodation provider shall have the right of lien on the objects brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).
(3) If service is requested in the guest's room or at unusual times of the day, the accommodation provider shall be entitled to charge a special fee for this; this special fee shall, however, be indicated on the room rate card. He may also refuse these services for operational reasons.
§ Section 10 Obligations of the Proprietor
(1) The accommodation provider is obliged to provide the agreed services to an extent corresponding to the standard.
(2) Special services of the accommodation provider that are not included in the accommodation fee shall be subject to labelling:
a) special accommodation services which 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 shall be charged for the provision of extra beds or cots.
(3) The prices quoted shall be inclusive prices.
§ 11 Liability of the Proprietor 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 brought-in objects. In addition, the accommodation provider shall be liable as the custodian for the objects 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 shall be 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 notice shall have no legal effect. The safekeeping of valuables, money and securities may be refused if the objects in question are considerably more valuable than guests of the establishment concerned usually leave in safekeeping. Agreements by which the liability is to be reduced below the level specified in the above paragraphs are invalid. Objects shall be deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or brought to a place assigned by the latter and designated for this purpose. (In particular §§ 970 ff. ABGB).
§ 12 Keeping of animals
(1) Animals may only be brought into the accommodation establishment after prior authorisation and, if necessary, against special remuneration. Animals are not allowed in the lounges, public and restaurant rooms.
(2) The guest shall be liable for any damage caused by animals brought into the accommodation in accordance with the statutory provisions applicable to animal owners (Section 1320 of the Austrian Civil Code).
§ 13 Extension of the accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
§ Section 14 Termination of accommodation
(1) If the accommodation contract has been agreed upon for a certain period of time, it shall end upon the expiry of the period of time. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration. However, it shall be incumbent on the accommodation provider to endeavour to let the unused rooms to another party in accordance with the circumstances.
In all other respects 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. The contracting parties may terminate the contract at any time by giving three days' notice. The notice of termination must reach the Party before 10 a.m., otherwise this day shall not be considered the first day of the notice period but the following day.
(4) If the guest does not vacate his/her room by 12 noon, the accommodation provider shall be entitled to charge the room rate for another day.
(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
a) makes a considerably disadvantageous use of the rooms or by his inconsiderate, offensive or otherwise grossly unseemly behaviour makes it unpleasant for the other residents to live together or is guilty of a punishable offence against property, morality or physical safety towards the accommodation provider and his staff or a person living in the accommodation establishment;
b) is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
c) fails to pay the bill presented to him/her within a reasonably set period of time after being requested to do so.
§ Section 15 Illness or death of the guest in the accommodation establishment
(1) If a guest falls ill during his stay in the accommodation establishment, 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 shall have the following claim for reimbursement of costs against the guest or, in the event of death, against his/her legal successor:
a) possible reimbursement of medical costs not yet paid by the guest;
b) for the necessary room disinfection, if ordered by the public health officer;
c) if applicable, compensation for linen, bed linen and bed furnishings which 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., insofar as these have been soiled or damaged in connection with the illness or death;
e) for the room rent, insofar as it is cancelled in connection with the illness or death due to temporary unusability of the rooms (at least three, at most seven days).
§ 16 Place of Performance and Jurisdiction
(1) The place of performance is the place where the accommodation is situated.
(2) For all disputes arising from the accommodation contract, the court with factual and local jurisdiction for the accommodation establishment is agreed, unless
a) the guest, as a consumer, has a place of employment or residence in Austria; in this case, the place of jurisdiction is agreed to be the place that was announced by the guest in the registration;
b) the guest, as a consumer, only has a place of employment or residence in Austria, in which case the place of jurisdiction shall be that agreed by the guest in the registration.
The cancellation fees listed in § 5 clauses 1,2 and 5 are entered in the Cartel Register, number 1 Kt 617/91-5, as a non-binding association recommendation in accordance with § 31 in conjunction with § 32 of the Cartel Act.
Owner, editor and publisher:
"Fachverband der Hotel- und Beherbergungsbetriebe", 1045 Wien, Wiedner Hauptstraße 63.
Responsible for the content: "Fachverbandsgeschäftsführer Dr. Michael Raffling", 1045 Wien, Wiedner Hauptstraße 63.