General terms and conditions of business
AUSTRIAN HOTEL TERMS AND CONDITIONS (ÖHVB)
(agreed at the 93rd committee meeting of the Austrian Professional Hoteliers Association on 23 September 1981)
- § 1 General
- § 2 Contract Partners
- § 3 Conclusion of Contract, Deposit
- § 4 Start and End of the Accommodation
- § 5 Withdrawal from the Accommodation Contract
- § 6 Provision of Alternative Accommodation
- § 7 Rights of the Guest
- § 8 Obligations of the Guest
- § 9 Rights of the Accommodation Provider
- § 10 Obligations of the Accommodation Provider
- § 11 The Accommodation Provider's Liability for Damages
- § 12 Keeping of Pets
- § 13 Extending the Stay
- § 14 Terminating the Stay
- § 15 Illness or Death of a Guest in the Accommodation
- § 16 Place of Fulfilment and Court of Jurisdiction
(agreed at the 93rd committee meeting of the Austrian Professional Hoteliers Association on 23 September 1981)
§ 1 General
The Austrian Hotel (General) Terms and Conditions are a statement of the terms and conditions under which Austrian accommodation providers generally make accommodation contracts with their guests.
The Austrian Hotel Terms and Conditions do not exclude special agreements.
§ 2 Contract Partners
(1) If there is any doubt, the accommodation provider's contract partner is the booking party, even if the latter placed, or jointly placed, the order for other specifically named persons.
(2) For the purpose of this contract, the persons availing themselves of the accommodation are guests.
§ 3 Conclusion of Contract, Deposit
(1) The accommodation contract generally takes effect once the guest’s written or verbal instruction has been accepted by the accommodation provider.
(2) It may be agreed that the guest pays a deposit.
(3) The accommodation provider may also request the advance payment of the entire agreed payment.
§ 4 Start and End of the Accommodation
(1) The guest has the right to access the hired rooms from 14.00 hours on the agreed arrival day.
(2) The accommodation provider has the right, in the case of a guest's no show by 18.00 hours on the agreed arrival day, to withdraw from the contract unless a later arrival time has been agreed.
(3) If, however, the guest has paid a deposit, the room(s) remain(s) reserved until 12 noon of the following day at the latest.
(4) If a room is occupied before 6.00 hours in the morning, the previous night counts as the first overnight stay.
(5) Any hired rooms are to be vacated by the guest by 12.00 noon on the day of departure.
§ 5 Withdrawal from the Accommodation Contract
(1) Both parties may cancel the accommodation contract by a unilateral statement up to three months at the latest before the guest's agreed arrival date without the payment of a cancellation fee. The cancellation statement must be in the hands of the contract partner by at the latest three months before the arrival date of the guest.
(2) The accommodation contract can be cancelled by either contract partner by a unilateral statement to be provided by at the latest one month before the agreed arrival date of the guest, but a cancellation fee equal to the cost of the room price for three days must be paid. The cancellation statement must be in the hands of the contract partner by at the latest one month before the arrival date of the guest.
(3) The accommodation provider has the right, in the case of a guest's no show by 18.00 hours on the agreed arrival day, to withdraw from the contract unless a later arrival time has been agreed.
(4) If, however, the guest has paid a deposit, the room(s) remain(s) reserved until 12.00 noon on the following day at the latest.
(5) Even if the guest does not make use of the booked rooms/guest services, he is under an obligation to pay the accommodation provider the agreed amount. The accommodation provider must, however, deduct the amount of money he saves from the non-use of his service or what sum he has obtained by another letting of the booked room. Experience has shown that in the majority of cases, savings arising from no shows amount to 20 percent of the room price and 30 percent of the meals price.
(6) In the event of a no show, it is incumbent upon the accommodation provider to solicit a further letting, as circumstances permit (§ 1107 ABGB)
The cancellation conditions listed in Clauses 1, 2, and 5 are a non-binding recommendation by the Association in accordance with §§ 31ff of the Cartel Law, as published in 26 Kt 79/03 in the OLG (Higher Regional Court) in Vienna, acting as the Cartel Court.
§ 6 Provision of Alternative Accommodation
(1) The accommodation provider may make appropriate alternative accommodation available to the guest, if this is accepted as reasonable by the guest, especially if the difference is negligible and justified by the facts.
(2) A justification by the facts is when, for example, the room(s) become(s) unusable, an existing guest extends his stay or other operational factors require such a measure.
(3) Any extra costs arising from the substitute accommodation are to be met by the accommodation provider.
§ 7 Rights of the Guest
(1) The signing of an accommodation contract grants to the guest the right to the normal use of the hired rooms, to the facilities available in the accommodation establishment, which are normally available for the use of guests without any special conditions, and to all other normal services.
(2) The guest has the right to access the hired rooms from 14.00 hours on the agreed date.
(3) Where full-board or half-board has been agreed, the guest has the right to request, for meals which he is not taking in-house, an appropriate substitute provision (packed lunch) or a coupon, provided that he has indicated this in good time, that is by 18.00 hours on the previous day.
(4) Given the services made available by the accommodation provider, the guest has no other recourse, if he does not take the agreed meals within the usual scheduled times and in the facilities specified for this purpose.
§ 8 Obligations of the Guest
(1) When the accommodation contract terminates, the agreed payment shall be made. The accommodation provider will accept foreign currencies as payment, whenever possible in accordance with the daily exchange rate. The accommodation provider is not obliged to accept cash-free payment methods, such as cheques, credit cards, coupons, vouchers etc. Any costs accruing from the validation of these securities, for example, for telegrams, enquiries, etc. are to be met by the guest.
(2) If food and drink are available in the accommodation, but are brought into it and consumed in the public areas by the guests, the accommodation provider is entitled to charge appropriate compensation to the guest's account (so-called "corkage charge" for drinks).
(3) The guest must obtain the consent of the accommodation provider before using any electrical devices he has taken to his room that do not form part of the normal travel requirements.
(4) In the event of any damage caused by the guest, compensation regulations apply. The guest is therefore liable for any damage and disadvantage suffered by the accommodation provider or third parties due to his fault or the fault of his companion or other persons for whom he is responsible, and even when the injured party is entitled to claim compensation directly from the accommodation provider.
§ 9 The Accommodation Provider's Rights
(1) If the guest refuses to pay the specified payment amount or is in arrears, the owner of the accommodation is entitled to withhold the belongings of the guest as a security for any debt arising from the accommodation, meals and outlays on behalf of the guest. (§ 970 c ABGB legally-applicable Withholding Right)
(2) To secure the agreed payment, the accommodation provider has the right of lien on any articles handed-in to the accommodation by the guest. (§ 1101 ABGB legally applicable Right of Lien of the accommodation provider).
(3) If a service is requested either in the guest's room or at unusual times, the accommodation provider is entitled to charge a supplement for this service. This supplement is to be stated on the room price notice. The accommodation provider may, however, refuse these services for commercial reasons.
§ 10 The Accommodation Provider's Obligations
(1) The accommodation provider undertakes to supply the agreed services to an appropriate standard.
(2) Special services, which are subject to price labelling legislation and which are provided by the accommodation, but which are not included in the accommodation price are:
a) services provided by the accommodation which are charged separately to the account, such as the provision of salons, saunas and indoor pool, outdoor pool, solarium, landing bathroom, parking, etc.
b) the provision of additional and/or child beds to be calculated at a reduced price.
(3) The marked prices must be inclusive.
§ 11 The Accommodation Provider's Liability for Damages
(1) The accommodation provider is liable for damages suffered on the part of the guest, if the event leading to any damages occurred within the accommodation establishment or one of its employees was at fault.
(2) Liability for articles brought on to the premises. In addition to this, the accommodation provider is liable, as the custodian of any articles handed in by checked-in guests, for a maximum amount of EUR 1,100, unless he can prove that the damage was caused neither by him nor by any of his employees nor by non-guests entering and leaving the building. Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of EUR 550, unless he had accepted these things into his safekeeping, knowing their nature and condition or unless the damage was caused by himself or one of his employees, which would result in his unlimited liability. Denial of any liability by posting a notice is not legally valid. The safekeeping of valuables, money and securities can be refused, if they are substantially more valuable than the articles normally handed in for custody by guests to the accommodation provider concerned. Agreements which lead to a reduction of liability below the level stated in the paragraphs above are not legally valid. Articles are deemed to have been handed in when they have been accepted by one of the service personnel in the accommodation establishment or if they have been handed in at a place pre-arranged by the above personnel. (In particular §§ 970 ff. ABGB.)
§ 12 Keeping of Pets
(1) Pets are only allowed into the accommodation establishment with prior authorisation and in some cases a special payment may be levied. Pets are not allowed in lounges, public areas or restaurant areas.
(2) The guest is liable for damages caused by any animals brought on to the premises, in accordance with the legally applicable regulations for pet owners (§ 1320 ABGB).
§ 13 Extending the Stay
An extension to the guest's stay requires the consent of the accommodation provider.
§ 14 Terminating the Stay
(1) If the accommodation contract was agreed for a specific time, it ends when this time has expired. If the guest departs early then the accommodation provider is entitled to demand full payment. It is incumbent upon the accommodation provider to solicit a further letting of the non-used rooms as circumstances permit. In addition, the regulations in § 5 (5) (discount percentages) applies accordingly.
(2) The death of a guest shall terminate the contract with the accommodation provider.
(3) If the accommodation contract was agreed for a non-specific time, the contract partners can cancel the contract at any time, provided that they abide by a cancellation period of three days. The cancellation must reach the contract partner by 10.00 hours, otherwise it is not this day that is regarded as the first day of the cancellation period, but the following one.
(4) If the guest does not vacate his room by 12.00 noon, the accommodation provider is entitled to charge the room rate for an extra day.
(5) The accommodation provider is entitled to cancel the accommodation contract with immediate effect, if the guest:
a) makes considerable detrimental use of the premises or, through his inconsiderate, objectionable or otherwise inappropriate uncouth behaviour, harms the shared residence experience of the other guests or, in the view of the hotelier or his staff or a guest living in the lodging establishment, renders himself guilty of a punishable action against the property, moral code or physical security.
b) is overcome by either an infectious disease or one which exceeds the accommodation duration or is in need of medical care.
c) does not pay upon request the submitted invoice within a reasonably set time period.
(6) If the fulfilment of the contract becomes impossible due to an event assessed as an Act of God, the contract is cancelled. The accommodation provider is, however, under an obligation to return the payments received, so that he does not make any profit out of the event. (§ 1447 ABGB.)
§ 15 Illness or Death of a Guest in the Accommodation
(1) If a guest becomes ill during his stay in the accommodation establishment, the accommodation provider undertakes to procure the necessary medical assistance and care or if the guest himself is not in a position so to do. In the case of death, the accommodation provider is entitled to the following cost compensation from the guest's legal successor:
a) Payment of all medical expenses not settled by the guest.
b) Payment for any necessary room disinfection, if this is ordered by the public health officer.
c) If necessary, compensation for any linen, bed linen and bed fixtures and fittings that have become unusable, or the handover of these articles to the legal successor for the disinfection or thorough cleaning of all these articles.
d) Payment for any restoration of walls, fixtures and fittings, carpets etc, if these were contaminated or damaged by the illness or death.
e) If not forthcoming, compensation for the room rent due to the temporary loss of use of the room caused by the illness or the death (minimum three days, maximum seven days).
§ 16 Place of Fulfilment and Court of Jurisdiction
(1) The place of fulfilment is the location where the accommodation is situated.
(2) The legally authorised court, which is local to the accommodation establishment, shall be agreed as the place of jurisdiction for all disputes arising from the accommodation contract, unless
a) the guest has, as a consumer, a place of employment or residence in Austria. In this case the court of jurisdiction will be agreed as that location as stated by the guest in the court registration.
b) the guest, as a consumer, has only one place of employment in Austria. In this case, this place will be agreed as the court of jurisdiction.