General Terms and Conditions – Accommodation
Pension Black Sheeps Adventures KG
Content
§ 1 Scope
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 4 Beginning and End of Accommodation
§ 5 Cancellation of Accommodation Contract – Cancellation Fee
§ 6 Provision of Substitute Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Accommodator
§ 10 Obligations of the Accommodator
§ 11 Liability of the Accommodator for Damages to Items Brought In
§ 12 Limitation of Liability
§ 13 Pet Ownership
§ 14 Extension of Accommodation
§ 15 Termination of Accommodation Contract – Premature Termination
§ 16 Illness or Death of Guest in Accommodation Contract
§ 17 Place of Performance, Jurisdiction, and Choice of Law
§ 18 Miscellaneous
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as “AGBH 2006”) replace the previous Austrian Hotel Contract Conditions (ÖHVB) dated September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed agreements.
§ 2 Definitions
2.1 Definitions:
“Accommodator”: A natural or legal person who accommodates guests for a fee.
“Guest”: A natural person who uses accommodation. The guest is usually also the contracting party. Also considered guests are those persons who accompany the contracting party (e.g., family members, friends, etc.).
“Contracting Party”: A natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or for a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood in accordance with the Consumer Protection Act 1979 as amended.
“Accommodation Contract”: The contract concluded between the accommodator and the contracting party, the content of which is subsequently regulated.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded by the accommodator’s acceptance of the order by the contracting party. Electronic declarations are deemed to have been received when the party for whom they are intended can access them under normal circumstances, and access is made during the accommodator’s published business hours.
3.2 The accommodator is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodator is obliged to inform the contracting party of the required deposit before accepting the contracting party’s written or oral order. If the contracting party agrees to the deposit (in writing or orally), the accommodation contract is concluded upon receipt of the contracting party’s consent to pay the deposit to the accommodator.
3.3 The contracting party is obliged to pay the deposit no later than 7 days before the accommodation begins. The costs of the money transaction (e.g., transfer fees) are borne by the contracting party. The respective conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Beginning and End of Accommodation
4.1 The contracting party has the right, if the accommodator does not offer another check-in time, to occupy the rented rooms from 5:00 PM on the agreed day (“arrival day”).
4.2 If a room is first occupied before 6:00 AM, the previous night counts as the first night.
4.3 The rented rooms must be vacated by the contracting party on the day of departure by 10:00 AM. The accommodator is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Cancellation of Accommodation Contract – Cancellation Fee
Cancellation by the Accommodator
5.1 If the accommodation contract provides for a deposit and the contracting party fails to pay the deposit on time, the accommodator may withdraw from the accommodation contract without further notice.
5.2 If the guest does not arrive by 8:00 PM on the agreed arrival day, there is no obligation to accommodate, unless a later arrival time has been agreed upon.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms will be held until 12:00 noon of the day following the agreed arrival day at the latest. In the case of a deposit payment, the accommodation contract is deemed concluded for this period.
5.4 Unless otherwise agreed, the following cancellation conditions apply:
Cancellation by the Contracting Party – Cancellation Fee
5.5 The contracting party may withdraw from the accommodation contract by means of a unilateral declaration by 3 months before the agreed arrival date of the guest without payment of a cancellation fee.
5.6 Outside the period specified in 5.5, withdrawal by means of a unilateral declaration by the contracting party is only possible by paying the following cancellation fees:
– Up to 1 month before the arrival date of the guest 40% of the total price;
– Up to 1 week before the arrival date of the guest 70% of the total price;
– In the last week before the arrival date of the guest 90% of the total price.
Delays in Arrival
5.7 If the contracting party cannot arrive at the accommodation establishment on the day of arrival due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.), making all means of arrival impossible, the contracting party is not obligated to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay is reinstated once it becomes possible to travel to the accommodation establishment again within three days.
§ 6 Provision of Substitute Accommodation
6.1 The accommodator can provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the difference is minor and objectively justified.
6.2 An objective justification exists, for example, if the room(s) have become unusable, already occupied by another guest who has extended their stay, or in cases of force majeure.
6.3 Any additional expenses arising from the provision of substitute accommodation are borne by the accommodator.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests for use without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any hotel and/or guest policies (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed remuneration plus any additional amounts incurred due to separate services used by them and/or accompanying guests, plus statutory value-added tax, no later than 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 at the daily exchange rate to the best of their ability. If the accommodation provider accepts foreign currencies or cashless payment methods, the contracting party bears all related costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by them, the guest, or other persons who accept services from the accommodation provider with the knowledge or consent of the contracting party.
§ 9 Rights of the Accommodator
9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears, the accommodation provider has the legal right of retention according to § 970c of the Austrian Civil Code (ABGB) as well as the legal right of lien according to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien also serves the accommodation provider to secure their claim arising from the accommodation contract, especially for meals, other expenses incurred for the contracting party, and for any replacement claims of any kind.
9.2 If services are requested in the contracting party’s room or at extraordinary times (after 8:00 pm and before 6:00 am), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to settle or make interim settlements of their services at any time.
§ 10 Obligations of the Accommodator
10.1 The accommodation provider is obligated to provide the agreed services to a standard commensurate with their establishment.
10.2 Special services provided by the accommodation provider that are not included in the accommodation fee and are subject to separate charges include, but are not limited to:
a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, parking garage, etc.;
b) A reduced price is charged for the provision of extra or children’s beds.
§ 11 Liability of the Accommodator for Damages to Items Brought In
11.1 The accommodator is liable to the contracting party for any damage to items brought in in accordance with the statutory provisions, but at least EUR 550.00 per guest. The accommodator is only liable if the items are handed over to the accommodator or placed in a place intended for safekeeping.
11.2 The accommodator is only liable for slight negligence if the damage is caused by injury to persons, damage to property, or financial loss. If the contracting party is an entrepreneur, liability for slight negligence, consequential harm, and financial loss are excluded. If the contracting party is a consumer, the exclusion of liability for slight negligence does not apply to personal injury.
11.3 The accommodator is liable for valuables, money, and securities up to a maximum amount of EUR 550.00. Liability claims expire if the contracting party does not notify the accommodator immediately after gaining knowledge of the loss, destruction, or damage (§ 703 Austrian Civil Code). The contracting party bears the burden of proof for the existence of the loss, the cause of the loss, and the amount of the loss.
11.4 The liability of the accommodator is limited to the amount of the deposit of the contracting party if the damage is caused by a third party not involved in the provision of the contractual services or by force majeure.
11.5 The accommodation provider may refuse to store valuables, money, and securities if the items to be stored are of a significantly higher value than what is usually expected from guests staying at the accommodation. The accommodation provider is only liable for damages if they have accepted the items for safekeeping or if the damage is due to their fault. The liability of the accommodation provider is limited to the amount of the deposit of the contracting party.
§ 12 Limitation of Liability
12.1 The limitation of liability contained in these General Terms and Conditions applies to all contractual and non-contractual claims against the accommodator, regardless of their legal basis.
12.2 If the contracting party is a business entity, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the burden of proof regarding the fault lies with the contracting party. Consequential damages, non-material damages, or indirect damages, as well as lost profits, are not reimbursed. The compensable damage is in any case limited to the amount of the party’s reliance interest.
§ 13 Animal Keeping
13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and possibly against a special fee.
13.2 The contracting party who brings an animal is obliged to properly store or supervise the animal during their stay or to have it properly stored or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest who brings an animal must have appropriate pet liability insurance or private liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer are jointly liable to the accommodation provider for the damage caused by the animals brought in. The damage includes, in particular, those compensatory services of the accommodation provider that the accommodation provider has to provide to third parties.
13.5 Animals are not allowed in salons, social, restaurant, and wellness areas.
§ 14 Extension of Accommodation
14.1 The contracting party is not entitled to have their stay extended. If the contracting party announces their desire to extend their stay in a timely manner, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation facility on the day of departure due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) that block or make all departure options unusable, the accommodation agreement is 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 utilize the offered services of the accommodation facility due to the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee that corresponds to the normally charged price in the off-season.
§ 15 Termination of Accommodation Agreement – Early Termination
15.1 If the accommodation agreement was concluded for a specific period, it ends upon expiry of that period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider will deduct what they have saved due to the non-use of their service offerings or what they have received through the alternative rental of the ordered rooms. Savings exist only if the accommodation facility is fully booked at the time of non-use of the rooms ordered by the guest and the room can be rented out to other guests due to the cancellation by the contracting party. The burden of proof of the savings lies with the contracting party.
15.3 The contract with the accommodation provider ends upon the death of a guest.
15.4 If the accommodation agreement was concluded for an indefinite period, the contracting parties can terminate the agreement up to 10:00 a.m. on the third day before the intended end of the agreement.
15.5 The accommodation provider is entitled to terminate the accommodation agreement with immediate effect for good cause, especially if the contracting party or the guest: a) makes significantly disadvantageous use of the premises or makes cohabitation unpleasant or commits an act punishable by law against property, morality, or physical safety towards other guests, the owner, their people, or third parties residing in the accommodation facility; b) becomes infected with a contagious disease or becomes in need of care beyond the duration of the accommodation; c) does not pay the presented bills when due within a reasonable period set by law (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider can terminate the accommodation agreement at any time without observing a notice period, provided that the contract is not already deemed terminated by law or the accommodation provider is relieved of their obligation to provide accommodation. Any claims for damages, etc., by the contracting party are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the accommodation facility, the accommodation provider will arrange for 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 it is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends when the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider is entitled to claim reimbursement from the contracting party and the guest or, in the event of death, from their legal successors, for the following costs: a) outstanding doctor’s fees, costs for medical transport, medication, and medical aids; b) necessary room disinfection; c) unusable laundry, bed linen, and bedding, otherwise for the disinfection or thorough cleaning of all these items; d) restoration of walls, furnishings, carpets, etc., to the extent that they have been contaminated or damaged in connection with the illness or death.
§ 17 Place of Performance, Applicable Law, and Jurisdiction
17.1 The place of performance is the location where the accommodation facility is situated.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular, the Austrian Private International Law Act and the Lugano Convention) as well as the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3 The exclusive place of jurisdiction is, in bilateral commercial transactions, the registered office of the accommodation provider. Furthermore, the accommodation provider is entitled to assert their rights at any other local and materially competent court.
17.4 If the accommodation contract was concluded with a consumer who has their domicile or habitual residence in Austria, actions against the consumer can only be brought at the consumer’s domicile, habitual residence, or place of employment.
17.5 If the accommodation contract was concluded with a consumer who has their domicile in a Member State of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the court competent for the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer, both locally and materially.
§ 18 Miscellaneous
18.1 Unless the above provisions stipulate otherwise, the running of a period commences with the delivery of the document initiating the period to the contracting parties who must observe the period. When calculating a period determined by days, the day on which the event or occurrence from which the period is to begin is not counted. Periods determined by weeks or months refer to the day of the week or month corresponding to the day from which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.
18.2 Statements must have been received by the respective other contracting party on the last day of the period (midnight).
18.3 The accommodation provider is entitled to set off their own claims against the demands of the contracting party. The contracting party is not entitled to set off their own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been judicially established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the relevant statutory provisions apply.