Gasthof Appartments Erlenheim
2006 GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY (AGBH 2006)
as of 15 November 2006
Table of Contents
§ 1 Scope of application
§ 2 Definitions
§ 3 Execution of the agreement – Down payment
§ 4 Start and end of accommodation
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
§ 6 Provision of substitute accommodation
§ 7 Rights of the Party
§ 8 Obligations of the Party
§ 9 Rights of the Proprietor
§ 10 Obligations of the Proprietor
§ 11 Liability of the Proprietor for damage to items of guests
§ 12 Limitations of liability
§ 13 Animals
§ 14 Prolongation of the accommodation
§ 15 Termination of the Accommodation Agreement – Early cancellation
§ 16 Sickness or death of the Guest
§ 17 Place of performance, place of jurisdiction and applicable law
§ 18 Miscellaneous
§ 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
|“Host”:||Is a natural or legal person who accommodates guests for a fee.|
|“Guest:||Is a natural person who uses accommodation. As a rule, the guest is also the contractual partner. As a guest are also considered those persons who arrive with the contracting party (eg family members, friends, etc).|
|“Party”:||Is a natural or legal person of the country 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 Agreement”:||Is the contract concluded between the accommodation provider and the contracting party, the content of which is subsequently regulated in more detail.|
§ 3 Conclusion of contract – down payment
3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended is able to retrieve them under ordinary circumstances and access takes place during the announced business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this case, before accepting the written or verbal order of the Party, the Proprietor is obliged to inform the Party about the required deposit. If the Party agrees to the deposit (in writing or verbally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the declaration of agreement on the payment of the Party’s deposit.
3.3 The contracting party is obliged to pay the deposit at least 7 days (received) before the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment on the agreed remuneration.
§ 4 Start and end of accommodation
4.1 The Party shall have the right to move into the rented rooms as of 4:00 p.m. of the agreed day (“arrival day”), unless the Proprietor offers a different reference time.
4.2 If a room is used for the first time before 6:00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms are to be vacated by the contractual partner 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 in due time.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the guest does not appear by 6:00 p.m. of the agreed day of arrival, there is no obligation to accommodate, unless a later time of arrival has been agreed upon
5.3 If the contracting party has paid a deposit (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest. In case of advance payment for more than four days, the accommodation obligation ends from 6 p.m. of the fourth day, and the day of arrival is counted as the first day, unless the guest gives notice of a later day of arrival.
5.4 Up to 3 months prior to the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor by unilateral declaration for objectively justified reasons, unless otherwise agreed.
Withdrawal by the contracting party – cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the Accommodation Agreement may be terminated without payment of a cancellation fee by unilateral declaration by the Party
5.6 Outside of the area defined in § 5.5. specified period, withdrawal by unilateral declaration of the Contractual Partner is possible only upon payment of the following cancellation fees:
– up to 1 month before the arrival date 40% from the total arrangement price;
– up to 1 week before the day of arrival 70% from the total arrangement price;
– in the last week before the arrival day 90% from the total arrangement price.
|till 3 months||3 months to 1 month||1 month to 1 week||In the last week|
|no cancellation fees||40 %||70 %||90 %|
Obstructions to the journey
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Party shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay shall be revived from the time of arrival if the arrival becomes possible again 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) if this is reasonable for the Party, 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, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the contracting party
7.1 By entering into an Accommodation Agreement, the Party acquires the right to the customary use of the rented rooms, the facilities of the accommodating establishment, which are usually and without special conditions accessible for use by the Guests, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the Contractual Partner
8.1 The contracting party is obligated to pay the agreed fee plus any additional amounts that have arisen 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 Proprietor is not obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the daily exchange rate where possible. Should the Proprietor accept foreign currencies or cashless means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor’s services with the knowledge or will of the Party.
§ 9 Rights of the accommodation provider
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If the service is requested in the room of the Party or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the Proprietor shall be entitled to charge a special fee for it. However, this extra charge must be marked on the room rate board. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its performance at any time.
§ 10 Duties of the accommodation provider
10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor requiring an award that are not included in the accommodation fee are exemplary:
a) Special accommodation services that may be charged separately, such as the provision of salons, sauna, indoor swimming pool, swimming pool, solarium,
b) a reduced price is charged for the provision of additional beds or cribs.
§ 11 Liability of the Proprietor for Damage to Brought-in Items
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is not able to prove this, the Proprietor shall be liable for his own fault or the fault of his staff and of the persons leaving and arriving. Pursuant to Section 970 (1) of the Austrian General Civil Code (ABGB), the Proprietor shall be liable at most up 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 Party or the Guest does not immediately comply with the Proprietor’s request to deposit their belongings in a special storage place, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contractual partner or guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the current amount of € 550. The Proprietor shall be liable for any damage exceeding the above only in the event that the Proprietor has taken over these items for storage with knowledge of their condition or in the event that the damage was caused by the Proprietor or one of its employees. The limitation of liability according to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items are significantly more valuable than guests of the relevant accommodating establishment usually place in safekeeping.
11.5 In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the occurred damage as of knowledge. Moreover, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.
§ 12 Limitations of liability
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor’s liability for slight and gross negligence shall be excluded. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. In any case, the damage to be compensated finds its limit in the amount of the trust interest.
§ 13 Animal husbandry
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and, if necessary, against special remuneration.
13.2 The contracting party taking an animal with it shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by suitable third parties at its own expense.
13.3 The contracting party or guest who takes an animal with them 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 upon request of the accommodation provider.
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include those compensations of the Proprietor which the Proprietor has to provide to third parties.
13.5 Animals are not allowed in the lounges, social rooms, restaurant rooms and wellness areas.
§ 14 Extension of accommodation
14.1 The contracting party has no right to have its stay extended. If the Party gives timely notice of its wish to extend the stay, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider is not obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contracting party cannot fully use the offered services of the accommodation due to the extraordinary weather conditions. The Proprietor is entitled to demand at least the fee corresponding to the price usually charged in the low season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the Accommodation Agreement was concluded for a definite period of time, it shall end upon expiry of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what he has saved as a result of the non-utilization of his service offer or what he has received by renting the ordered rooms to other parties. Savings shall only be deemed to exist if the accommodation facility is fully occupied at the time of non-utilization of the premises ordered by the guest and the premises can be rented to additional guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
15.3 The death of a guest terminates the contract with the Proprietor.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Contracting Parties may terminate the Agreement until 10:00 a.m. of the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the guest
- makes a considerably disadvantageous use of the premises or by his inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, his people or the third parties living in the lodging establishment, or is guilty of a punishable act against property, morality or physical safety towards these persons;
- is afflicted with a contagious disease or an illness that extends beyond the period of lodging, or otherwise becomes in need of care;
- fails to pay the submitted invoices when due within a reasonably set period (3 days)
15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall provide medical care upon the Guest’s request. In case of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, in particular if this is necessary and the Guest is not able to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, the Proprietor shall provide medical treatment at the expense of the Guest. However, the scope of these care measures ends at the time when the guest can make decisions or the relatives have been notified of the illness.
16.3 The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:
- outstanding medical expenses, costs for ambulance transport, medications and remedies
- necessary room disinfection,
- unusable linen, bedding and bed furnishings, otherwise for the disinfection or thorough cleaning of all these items,
- Restoration of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with the illness or death,
- Room rent, insofar as the room was used by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or the like,
- any other damages incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party who is a consumer and has its domicile or habitual residence in Austria, legal actions against the consumer may only be brought at the consumer’s domicile, habitual residence or place of employment.
17.5 If the Accommodation Agreement was concluded with a party who is a consumer and who is domiciled in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court having local and subject-matter jurisdiction for the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who shall comply with the time limit. In case of calculation of a term determined by days, the day in which the time or event falls, according to which the beginning of the term shall be determined, shall not be counted. Time limits determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations must be received by the other contracting party on the last day of the period (midnight).
18.3 The Proprietor shall be entitled to set off claims of the Party against its own claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Party’s claim has been determined by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply.