§ 1 General
§ 2 Contract Partner
§ 3 Conclusion of contract, payment
§ 4 Start and end of 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 Proprietor
§ 10 Obligations of the Accommodation
§ 11 Liability of the Accommodation Provider for Damages
§ 12 Keeping
§ 13 Extension of accommodation
§ 14 Termination of the Accommodation
§ 15 Illness or Death of a guest in the hotel
§ 16 Place of performance and jurisdiction
§ 1 General
The (general) Austrian Hotel Contract Conditions state the contractual contents according to which Austrian accommodation usually with their guests conclude accommodation contracts. The Austrian Hotel Contract conditions not exclude special agreements made.
§ 2 Contract Partner
(1) The term 'contractor of the Proprietor in case of doubt, the Purchaser, even if he ordered for or for other named individuals.
(2) The accommodation in persons availing themselves are guests in accordance with the Terms and Conditions.
§ 3 Conclusion of contract, payment
(1) The accommodation contract is generally formed through the acceptance of a written or verbal order of the guest by the hotelier.
(2) It may be agreed that the guest provides an advance payment.
(3) The accommodation provider may also require prepayment of the total agreed fee.
§ 4 Start and end of accommodation
(1) The guest has the right to occupy the rented rooms from 14 clock on the agreed day.
(2) The accommodation provider has the right to rescind in the event that the guest does not show up to 18 clock the agreed arrival day from the contract, unless a later arrival time has been agreed in writing.
(3) If the Guest has paid a deposit, so (s) remain, however, the room (s) reserved until 12 clock the following day.
(4) If a room is the first time vor 10 clock early in claim counts as the previous night as the first night.
(5) The leased premises are vacated by the guest on the day of departure to 10 clock.
§ 5 Withdrawal from the Accommodation Contract
(1) No later than three months before the agreed date of arrival of the accommodation contract can be terminated without payment of a cancellation fee of either party by unilateral declaration.
The cancellation must be up no later than in the hands of the other party three months before the agreed date of arrival.
(2) Payable later than one month before the agreed date of arrival can be resolved by unilateral declaration, the lodging contract by both parties, but there is a cancellation fee in the amount of the agreed fee to 40%.
The cancellation must be received no later than one month before the agreed date of arrival in the hands of the contractor.
(3) A cancellation of the Guest under a month to a week before the agreed date of arrival, he is the Proprietor obligated to pay the agreed amount to 70%.
(4) In case of cancellation of the Guest under one week to the day before the agreed date of arrival, he is the Proprietor obligated to pay the agreed amount to 90%.
(5) The accommodation provider has the right to rescind in the event that the guest does not show up to 18 clock the agreed arrival day from the contract, unless a later arrival time was agreed upon.
(6) If the Guest has paid a deposit, so (s) remain, however, the room (s) reserved until 12 clock the following day.
(7) Even if the guest does not make the accommodation and the guest house services, he is the Proprietor obligated to pay the agreed amount to 100%.
(8) The hotelier is obliged to make efforts under the circumstances to re-letting the unused spaces (§ 1107 Civil Code).
§ 6 Provision of alternative accommodation
(1) The accommodation provider can provide the guest an adequate substitute accommodation, if this is reasonable for the guest, especially if the deviation is insignificant and justified.
(2) A factual justification is for example given, if the room (s) have become unusable, guests extend their stay or other operational measures this step.
(3) Any additional costs for the substitute accommodation shall be paid by the Proprietor.
§ 7 Rights of the Guest
(1) By entering into an accommodation agreement, the guest acquires the right to use the rented rooms and the facilities of the accommodation which are used of the guests without special conditions for use, and to the usual services.
(2) The guest has the right to occupy the rented rooms from 14 clock on the agreed day.
(3) Is a full board or half board agreed, the guest has the right to request that he does not claim to demand an appropriate substitute meals (lunch box) or a voucher if it in time this is up to 18 clock of the previous day has reported.
(4) Otherwise, the guest has services of the accommodation, if he does not take the agreed meals within the usual time of day and in the rooms meant to claim, no claim for compensation.
§ 8 Obligations of the Guest
(1) Upon termination of the accommodation contract, the agreed fee is paid. Foreign currencies will be taken by the hotelier in the daily rate in payment.
The Proprietor shall not be obliged to accept cashless payment instruments such as checks, credit cards, vouchers, etc.. All necessary for acceptance of these payment options expenses such as telegrams, inquiries, discounts etc. shall be borne by the guest.
(2) If food and drink are available at the tourist accommodation, but are brought into and consumed in public spaces, the Proprietor shall be entitled to a reasonable compensation (so-called "corkage" for drinks).
(3) Before putting electronic devices that are brought by the guests and do not belong to the normal travel requirements, the consent of the accommodation must be obtained.
(4) the rules of tort law apply to the damage caused by the guest. Therefore, the guest is liable for any damage or loss which the hotel or third parties through his fault or the fault of his companions or other persons for whom he is responsible suffers, even if the injured party is entitled to indemnification right to take the accommodation provider.
§ 9 Rights of the Proprietor
(1) If the guest refuses to pay the specified amount or if he is in arrears, the owner of the accommodation is entitled to the right to secure its claims from the accommodation, food and outlays for the guest, the brought stuff. (§ 970 c Civil Code statutory right of retention.)
(2) The Proprietor to guarantee the agreed payment, the lien on the property brought by the guest articles. (Civil Code § 1101 statutory lien of the accommodation).
(3) If service in the guest's room or at unusual times, the accommodation provider is entitled to charge an extra fee. He can refuse these services for operational reasons.
§ 10 Obligations of the Accommodation
(1) The accommodation provider is obliged to provide the agreed services to an appropriate standard.
(2) Extra services of the Proprietor, which are not included in the accommodation price:
a) Extra accommodation services that can be billed separately, such as the provision of lounges, sauna and indoor swimming pool, solarium, floor bathroom, garage, etc.
b) for the provision of additional beds or cribs a reduced price is charged.
(3) The marked prices must be inclusive.
§ 11 Liability of the Accommodation Provider for Damages
(1) The accommodation provider is liable for damages suffered by the guest, if the damage occurred during the operation and it or its employees is a gross negligence.
(2) Liability for objects. Moreover, the accommodation provider is liable as a depository for the belongings of the guests he up to a maximum of € 1.100, -, if one proves that the damage was inflicted by him or one of his employees.
The safekeeping of valuables, money and securities can be refused if it is significantly more valuable, enter as guests of this establishment usually in custody. Agreements, by which the liability is to be reduced below referred to in the above paragraphs measure, are ineffective. Objects are deemed to be introduced, if they are acquired by a person employed by the lodging establishment or taken to an allocated by this, therefor certain place. (In particular §§ 970 ff.ABGB.)
§ 12 Keeping
(1) Animals may be brought into the accommodation only with prior authorization and against extra compensation. In the lounges, saloons and restaurant rooms Pets are not allowed.
(2) The guest is liable for the damage caused by their pets, according to
applicable to the animal holder law (Civil Code § 1320).
§ 13 Extension of accommodation
An extension of the guest's stay requires the consent of the Proprietor.
§ 14 Termination of the Accommodation
(1) the accommodation contract was agreed for a definite period, it ends with the passage of time. If the guest departs early then the accommodation provider is entitled to demand the full payment amount.
The hotelier it is incumbent upon to solicit a further letting of the unused rooms, the circumstances.
Moreover, the provision in § 5 (5), mutatis mutandis (discount percentages).
(2) The death of a Guest, the contract ends with the Proprietor.
(3) the accommodation contract has been concluded for an indefinite period, the parties may cancel the contract with a notice period of three days each time. The notice must the contractor vor 10 clock reach, otherwise this day does not count as the first day of the notice, but the following day.
(4) If the guest does not vacate his room by 10 clock, the hotel is entitled to charge the room for a further day.
(5) The Proprietor shall be entitled to cancel the accommodation contract with immediate effect if the guest
a) of the premises makes a considerable detrimental use or through his inconsiderate, indecent or otherwise grossly improper behavior the other spoils the living or, opposite the Hotel and its people or a resident in the Accommodation person a punishable act against property the morality or physical safety is guilty;
b) is suffering from a contagious or the duration exceeding disease or care;
c) the submitted invoice upon request within a reasonable time limit set not paid.
§ 15 Illness or Death of a guest in the hotel
(1) a guest becomes ill during his stay in the accommodation, so the hotelier has the duty to provide medical care, if necessary, and the guests is not even capable of.
The hotel has the follwing claim against the guest or in case of death against his successor:
a) any indemnity from the guest not yet paid medical expenses;
b) for the necessary room disinfecting, if this is ordered by the medical officer;
c) Possible compensation for the unusable linen, bedding and furnishings, against delivery of these objects to the legal successor, otherwise for the disinfecting or thorough cleaning of all these objects;
d) for the restoration of walls, furnishings, carpets etc, if these have been contaminated or damaged in connection with the illness or death;
e) for the room rent, and it fails in connection with the illness or death from time to time the rooms are unusable (at least three, a maximum of seven days).
§ 16 Place of performance and jurisdiction
Place of performance is the place where the accommodation is situated.
