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The Austrian General Terms and Conditions for the Hotel Industry present the contractual content according to which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special arrangements.
(1) In case of doubt, the customer is deemed as the contracting party of the accommodation provider even though he may have ordered for or on behalf of another named person.
(2) The persons who are using the accommodation are deemed guests within the meaning of the contractual terms.
(1) The accommodation contract is usually concluded upon acceptance of the written or oral order of the guest by the accommodation provider.
(2) It may be agreed that the guest pays a deposit.
(3) The accommodation provider may also request the payment of the entire agreed amount in advance.
(1) The guest has the right to occupy the rented rooms from 2pm on the agreed day.
(2) Unless a later time of arrival has been agreed, the accommodation provider has the right to withdraw from the contract if the guest does not show up by 6pm on the agreed day of arrival.
(3) If the guest has paid a deposit, the room(s) shall remain reserved until and no later than 12pm of the following day.
(4) If a room is used for the first time before 6am, then the previous night shall be deemed the first night of stay.
(5) The rented rooms must be vacated by the guest by 12pm on the day of departure.
(1b) The accommodation contract can be terminated without payment of a cancellation fee by both contracting parties through unilateral notification until but not later than three months prior to the agreed day of arrival of the guest.
The cancellation notification must be available to the relevant contracting party no later than three months prior to the agreed day of arrival of the guest.
(2) The accommodation contract can be terminated, with the payment of a cancellation fee amounting to 40% of the total arrangement price, by both contracting parties through unilateral notification until but not later than two months prior to the agreed day of arrival of the guest.
The cancellation notification must be available to the relevant contracting party no later than one month prior to the agreed day of arrival of the guest. In case of a cancellation notification of up to 1 week prior to the day of arrival, 70% of the total arrangement price shall be charged as cancellation fee. In case of a cancellation notification in the last week prior to the booked day of arrival, 90% of the total arrangement price shall be charged as cancellation fee.
(3) Unless a later time of arrival has been agreed, the accommodation provider has the right to withdraw from the contract if the guest does not show up by 6pm on the agreed day of arrival.
(4) If the guest has paid a deposit, the room(s) shall remain reserved until and no later than 12pm of the following day.
(5) The guest shall pay the accommodation provider the agreed amount even if the guest does not use the ordered rooms or board service. Meaning that the entire arrangement price will be charged in case of no-show or early departure.
(6) It is the accommodation provider’s responsibility to make reasonable efforts to rent out the unused rooms otherwise (Section 1107 ABGB).
(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, in particular if the difference is minimal and objectively justified.
(2) An objective justification exists if, for example, the room (rooms) have become unusable, already accommodated guests extend their stay or this step is necessary due to other important operational arrangements.
(3) Any additional costs for the substitute accommodation shall be borne by the accommodation provider.
(1) With the conclusion of the accommodation contract, the guest acquires the right to the normal use of the rented rooms, the facilities of the accommodation company, which are normally and without any special conditions accessible for use by guests, and to the usual service.
(2) Th guest has the right to occupy the rented rooms from 2pm on the agreed day.
(3) If full or half board is agreed, then the guest has the right to an appropriate substitute (lunch package) or a voucher for meals not taken if the accommodation company has been notified of this in due time, here by 6pm the previous day.
(4) The guest will otherwise have no right to claim compensation if he does not take the agreed meals within the normal times of the day and in the facilities designated for this purpose even if the accommodation provider is willing to provide the service.
(1) The agreed amount must be paid at the time the accommodation contract ends. Where possible, foreign currencies are accepted as payment by the accommodation provider at the current rate.
The accommodation provider is not obliged to accept cashless payment in form of checks, credit cards, receipts, vouchers, etc.
All necessary costs incurred due to the acceptance of these securities, e.g. for telegrams, making inquiries, etc., shall be borne by the guest.
(2) If food or beverages are brought to the accommodation and are consumed in public areas even though they are provided by the accommodation, then the accommodation provider shall be entitled to add an appropriate charge for compensation to the bill (so-called corkage in case of beverages).
(3) The guest must obtain permission from the accommodation provider prior to the use of electrical devices that the guest brings along and which are not part of the normal travel necessities.
(4) The provisions of tort law shall apply to damages caused by the guest. Thus, the guest is liable for any loss or harm the accommodation provider or third parties suffer through the guest’s fault or through the fault of the guest’s companions or other persons for whom the guest is responsible even when the injured party is entitled to claim compensation directly from the accommodation provider.
(1) If the guest refuses the payment of the stipulated amount or is in arrears with the payment, then the owner of the accommodation company shall have the right to retain the items brought in by the guest as security for the amount receivable arising from the accommodation and board of the guest as well as the expenses related to the guest. (Section 970 c ABGB statutory right of retention.)
(2) In order to secure the agreed payment, the accommodation provider has the right of lien on the items brought in by the guest. (Section 1101 ABGB accommodation provider’s statutory right of lien.)
(3) If room service or services at unusual times of the day are requested by the guest, then the accommodation provider shall have the right to demand a surcharge for such services; however, such surcharge must be displayed in the room tariff list. The accommodation provider may refuse such services for operational reasons.
(1) The accommodation provider shall be obliged to perform the agreed services to appropriate standards.
(2) Surcharges of the accommodation provider, subject to mandatory display and not included in the accommodation price, are:
a) Extra services that can be charged separately, e.g. provision of salons, sauna and indoor pool, pool, solarium, shared bath on the floor, garage etc.
b) The provision of additional beds or cots is charged at a reduced rate.
(3) The displayed prices must be all-inclusive prices.
(1) The accommodation provider shall be liable for loss or harm suffered by the guest on the premises of the accommodation due to the fault of the accommodation provider or his employees.
(2) Liability for items brought in. As custodian of items brought in by accommodated guests, the accommodation provider shall also be liable for damages up to an amount of Euro 1,100.00, unless he can prove that the damage was neither caused by him or his employees or third parties entering and exiting the premises.
In such circumstances, the accommodation provider shall be liable for valuables, money and securities up to an amount of Euro 550.00, unless he is holding such items in trust in the knowledge of their nature or if the damage has been caused by himself or his employees, in which case he shall be liable without limitation. A rejection of liability by notice is legally ineffective.
Safekeeping of valuables, money or securities may be refused if the items are significantly more valuable than items that guests usually deposit with the relevant accommodation company for safekeeping. Agreements that reduce the extent of the liability mentioned in the paragraphs above are invalid. Items are deemed as brought in if they have been received by a person employed by the accommodation company or if they are taken to a specific place designated by that person. (In particular Sections 970 et seqq. ABGB.)
(1) Guests can bring their pets into the accommodation company only after prior permission and at best for a surcharge.
Pets are not permitted in the salons, common rooms and restaurant facilities.
(2) The guest shall be liable for damages caused by his pet in accordance with the legal provisions applicable to pet owners (Section 1320 ABGB).
An extension of stay by the guest requires the consent of the accommodation provider.
(1) If the accommodation contract has been concluded for a specific period, then it will end with the expiry of that period. If a guest departs earlier, then the accommodation provider shall be entitled to demand full payment of the agreed amount.
However, it is the accommodation provider’s responsibility to make reasonable efforts in order to rent out the unused rooms otherwise.
The provision in Clause 5 (5) (deduction percentage) applies accordingly.
(2) The contract with the accommodation provider ends with the death of the guest.
(3) If the accommodation contract has been concluded for an unspecified period, then the contract can be terminated by both contracting parties at any time by giving notice of three days. The termination notification must be received by the contracting partner before 10am, as otherwise the following day, and not this day, will count as day of the notification period.
(4) If the guest does not vacate his room by 12pm, the accommodation provider shall be entitled to charge the room rate for a further day.
(5) The accommodation provider shall have the right to terminate the accommodation contract with immediate effect if the guest
a) uses the rooms in a considerably disadvantageous way or spoils the stay of other guests due to his inconsiderate, indecent or otherwise offensive behaviour or if he is guilty of committing a punishable act against the property, decency or physically safety of the accommodation provider and his staff or any other person accommodated on the premises;
b) becomes affected by an infectious disease or a disease exceeding the period of accommodation or the guest requires care;
c) does not pay the bill presented to him within a reasonable, stipulated period upon demand.
(6) The contract shall be terminated if the contractual performance has become impossible due to an event deemed as force majeure.
However, the accommodation provider shall be obliged to return to the guest the proportioned share of the already received payment, thus he will not profit from the event. (Section 1447 ABGB.)
(1) If a guest becomes ill during his stay at the accommodation company, then the accommodation provider shall be obliged to ensure medical care if necessary and the guest is unable to do so himself.
The accommodation provider has the following right to reimbursement of costs towards the guest or, in case of death, his legal successors:
a) at best reimbursement of medical costs not yet paid by the guest;
b) for necessary room disinfection if ordered by the public health officer;
c) at best reimbursement for clothes, bedlinen and bedding that has become unusable, against delivery of these items to the legal successor, otherwise for the disinfection or thorough cleaning of these items;
d) for the renovation of walls, furniture, carpets, etc. if such items have been contaminated or damaged due to the illness or case of death;
e) for room rent if lost due to the temporary unavailability of rooms because of the illness or case of death (minimum of three and maximum of seven days).
(1) Place of performance is the place where the accommodation company is situated.
(2) Place of jurisdiction for all disputes arising from the accommodation contract shall be the competent local court of the accommodation company, unless
a) the guest as consumer has a place of work or place of residence in Austria; place of jurisdiction in such case shall be the place the guest specified in the registration;
b) the guest as consumer has only a place of work in Austria; place of jurisdiction in such case shall be the place of work.
As non-binding recommendation by the association, the cancellation fees specified in Clause 5 (1, 2 and 5) are registered in the cartel register under 1 Kt 617/97-5 pursuant to Section 31 in conjunction with Section 32 Antitrust Law.
Owner, editor and publisher:
Fachverband Hotellerie, 1045 Wien, Wiedner Hauptstraße 63.