Terms and Conditions

General Terms and Conditions for the Hotel Industry (AGBH 2006)

§ 1 Scope

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous ÖHVB as amended on September 23, 1981. 1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed terms.

§ 2 Definitions

2.1 Definitions:

"Accommodation Provider": Is a natural or legal person who provides accommodation for a fee.

"Guest": Is a natural person who uses accommodation services. The Guest is usually also the Contracting Party. Persons traveling with the Contracting Party (e.g., family members, friends, etc.) are also considered Guests.

"Contracting Party": Is a natural or legal person from Austria or abroad who concludes an accommodation agreement as a Guest or on behalf of a Guest.

"Consumer" and "Entrepreneur": These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.

"Accommodation Agreement": Is the agreement concluded between the Accommodation Provider and the Contracting Party, the content of which is further regulated below.

§ 3 Conclusion of Contract - Down Payment

3.1 The Accommodation Agreement is concluded by the Accommodation Provider's acceptance of the Contracting Party's order. Electronic declarations are deemed to have been received when the party for whom they are intended can retrieve them under ordinary circumstances, and access occurs during the Accommodation Provider's stated business hours. 3.2 The Accommodation Provider is entitled to conclude the Accommodation Agreement on condition that the Contracting Party makes a down payment. In this case, the Accommodation Provider is obliged to inform the Contracting Party of the required down payment before accepting the Contracting Party's written or verbal order. If the Contracting Party agrees to the down payment (in writing or verbally), the Accommodation Agreement comes into effect upon receipt by the Accommodation Provider of the Contracting Party's declaration of consent regarding the down payment. 3.3 The Contracting Party is obliged to pay the down payment no later than 7 days (receipt) before the accommodation. The Contracting Party bears the costs for the money transaction (e.g., transfer fees). The respective conditions of the card companies apply to credit and debit cards. 3.4 The down payment is a partial payment of the agreed fee.

§ 4 Start and End of Accommodation

4.1 The Contracting Party has the right to occupy the rented rooms from 4:00 PM on the agreed day ("Arrival Day"), provided the Accommodation Provider does not offer a different occupancy time. 4.2 If a room is used for the first time before 6:00 AM, the previous night counts as the first overnight stay. 4.3 The rented rooms must be vacated by the Contracting Party by 12:00 PM on the day of departure. The Accommodation Provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the Accommodation Agreement - Cancellation Fee

Withdrawal by the Accommodation Provider

5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Contracting Party on time, the Accommodation Provider may withdraw from the Accommodation Agreement without a grace period. 5.2 If the Guest does not appear by 6:00 PM on the agreed Arrival Day, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon. 5.3 If the Contracting Party has made a down payment (see 3.3), the rooms remain reserved until 12:00 PM on the day following the agreed Arrival Day at the latest. In the case of prepayment for more than four days, the obligation to provide accommodation ends at 6:00 PM on the fourth day, with the Arrival Day counted as the first day, unless the Guest announces a later arrival day. 5.4 No later than 3 months before the Contracting Party's agreed Arrival Day, the Accommodation Agreement can be dissolved by the Accommodation Provider, for objectively justified reasons, unless otherwise agreed, by unilateral declaration.

Withdrawal by the Contracting Party - Cancellation Fee

5.5 No later than 3 months before the Guest's agreed Arrival Day, the Accommodation Agreement can be dissolved by unilateral declaration by the Contracting Party without payment of a cancellation fee. 5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the Contracting Party is only possible upon payment of the following cancellation fees:

• Up to 1 month before the Arrival Day: 40% of the total arrangement price;

• Up to 1 week before the Arrival Day: 70% of the total arrangement price;

• In the last week before the Arrival Day: 90% of the total arrangement price.

5.7 If the Contracting Party cannot arrive at the accommodation establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) that make all travel impossible, the Contracting Party is not obliged to pay the agreed fee for the days of arrival. 5.8 The obligation to pay for the booked stay resumes as soon as travel is possible again, provided travel becomes possible again within three days.

§ 6 Provision of Substitute Accommodation

6.1 The Accommodation Provider may provide the Contracting Party or Guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Contracting Party, especially if the deviation is minor and objectively justified. 6.2 Objective justification exists, for example, if the room(s) have become unusable, guests already accommodated extend their stay, there is an overbooking, or other important operational measures necessitate this step. 6.3 Any additional expenses for the substitute accommodation shall be borne by the Accommodation Provider.

§ 7 Rights of the Contracting Party

7.1 By concluding an Accommodation Agreement, 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 without special conditions, and to customary service. 7.2 The Contracting Party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contracting Party

8.1 The Contracting Party is obliged to pay the agreed fee plus any additional amounts incurred due to separate services used by them and/or accompanying guests, plus statutory value-added tax, at the latest at 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 where feasible. If the Accommodation Provider accepts foreign currencies or cashless payment methods, the Contracting Party bears all associated 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 or the Guest or other persons who receive services from the Accommodation Provider with the knowledge or consent of the Contracting Party.

§ 9 Rights of the Accommodation Provider

9.1 If the Contracting Party refuses to pay the agreed fee or is in arrears, the Accommodation Provider has the statutory right of retention according to § 970c ABGB (Austrian Civil Code) and the statutory 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 to secure the Accommodation Provider's claim from the Accommodation Agreement, particularly for catering, other expenses incurred for the Contracting Party, and for any claims for damages of any kind. 9.2 If service is requested in the Contracting Party's room or at unusual times of the day (after 8:00 PM and before 6:00 AM), the Accommodation Provider is entitled to charge a special fee for this. This special fee must, however, be displayed 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 accounts or make interim settlements of their services at any time.

§ 10 Obligations of the Accommodation Provider

10.1 The Accommodation Provider is obliged to provide the agreed services to an extent corresponding to their standard. 10.2 Special services provided by the Accommodation Provider that are subject to separate charges and are not included in the accommodation fee include, for example:

• Special accommodation services that can be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;

• A reduced price is charged for the provision of extra beds or cots.

§ 11 Liability of the Accommodation Provider for Damage to Brought-in Items

11.1 The Accommodation Provider is liable for items brought in by the Contracting Party in accordance with §§ 970 et seq. ABGB. The Accommodation Provider's liability only exists if the items have been handed over to the Accommodation Provider or persons authorized by the Accommodation Provider, or have been brought to a place designated or instructed by them. If the Accommodation Provider fails to prove otherwise, the Accommodation Provider is liable for their own fault or the fault of their staff, as well as persons entering and leaving. The Accommodation Provider's liability according to § 970 Abs. 1 ABGB is limited to the amount specified in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the Contracting Party or the Guest does not immediately comply with the Accommodation Provider's request to deposit their belongings in a special storage location, the Accommodation Provider is released from all liability. The amount of any liability of the Accommodation Provider is limited to the sum of the respective Accommodation Provider's liability insurance. Fault on the part of the Contracting Party or Guest must be taken into account. 11.2 The Accommodation Provider's liability for slight negligence is excluded. If the Contracting Party is an Entrepreneur, liability for gross negligence is also excluded. In this case, the Contracting Party bears the burden of proof for the existence of fault. Consequential damages or indirect damages, as well as lost profits, will under no circumstances be reimbursed. 11.3 For valuables, money, and securities, the Accommodation Provider is only liable up to the current amount of € 550. The Accommodation Provider is liable for damage exceeding this amount only if they have accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by themselves or one of their staff. The liability limitation according to 12.1 and 12.2 applies mutatis mutandis. 11.4 The Accommodation Provider may refuse to store valuables, money, and securities if they are significantly more valuable than guests of the respective accommodation establishment usually entrust for safekeeping. 11.5 In any case of accepted storage, liability is excluded if the Contracting Party and/or Guest does not immediately report the incurred damage to the Accommodation Provider upon becoming aware of it. Furthermore, 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

12.1 If the Contracting Party is a Consumer, the Accommodation Provider's liability for slight negligence, with the exception of personal injury, is excluded. 12.2 If the Contracting Party is an Entrepreneur, the Accommodation Provider's liability for slight and gross negligence is excluded. In this case, the Contracting Party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages, as well as lost profits, will not be reimbursed. The damages to be reimbursed are in any case limited to the amount of the reliance interest.

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