Please note:

This English translation of the General Terms and Conditions (GTC) is provided for convenience only. In the event of any discrepancies or legal disputes, only the original German version (“Allgemeine Geschäftsbedingungen”) shall be legally binding and applicable.

§ 1 Scope

1.1 These General Terms and Conditions for the Hospitality Industry (hereinafter referred to as “AGBH 2006”) replace the previous ÖHVB as of September 23, 1981.

1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

§ 2 Definitions

2.1 Definitions:

"Accommodation Provider": A natural or legal person who accommodates guests for payment.

"Guest": A natural person who makes use of accommodation. 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": A natural or legal person, domestic or foreign, who enters into an accommodation agreement 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 Agreement": The agreement concluded between the Accommodation Provider and the contracting party, the content of which is stipulated below.

§ 3 Conclusion of Contract – Advance Payment

3.1 The accommodation agreement is concluded upon acceptance of the order by the Accommodation Provider. Electronic declarations are considered received when the party for whom they are intended can retrieve them under normal circumstances, and during the announced business hours of the Accommodation Provider.

3.2 The Accommodation Provider is entitled to conclude the accommodation agreement under the condition that the contracting party pays a deposit. In this case, the Accommodation Provider is obligated to notify the contracting party of the required deposit before accepting the written or oral order. If the contracting party agrees (in writing or orally) to pay the deposit, the accommodation agreement is concluded upon the receipt of this consent by the Accommodation Provider.

3.3 The contracting party is obligated to pay the deposit at least 7 days prior to the date of arrival (as received). Costs for the payment transaction (e.g. bank transfer fees) are borne by the contracting party. For credit and debit cards, the respective terms of the card companies apply.

3.4 The deposit is a partial payment toward the agreed fee.

§ 4 Start and End of Accommodation

4.1 Unless otherwise stipulated, the contracting party has the right to occupy the rented premises from 4:00 pm on the agreed day ("arrival day").

4.2 If a room is occupied for the first time before 6:00 am, the preceding night is considered the first overnight stay.

4.3 The rented rooms must be vacated by the contracting party by 12:00 noon on the day of departure. The Accommodation Provider is entitled to charge for an additional day if the rooms are not vacated in time.

§ 5 Withdrawal from the Accommodation Agreement – Cancellation Fee

Withdrawal by the Accommodation Provider

5.1 If the accommodation agreement provides for a deposit and the deposit has not been paid on time by the contracting party, the Accommodation Provider may withdraw from the agreement without granting a grace period.

5.2 If the guest does not appear by 6:00 pm on the agreed arrival date, there is no obligation to accommodate unless a later arrival time has been agreed upon.

5.3 In the case of a paid deposit (see 3.3), the room(s) remain reserved until no later than 12:00 noon the day after the agreed arrival date. If prepayment has been made for more than four days, the obligation to provide accommodation ends at 6:00 pm on the fourth day, with the arrival date counting as the first day, unless the guest notifies the Accommodation Provider of a later arrival date.

5.4 The Accommodation Provider may withdraw from the contract by unilateral declaration for objectively justified reasons up to 3 months before the agreed arrival date unless otherwise agreed.

Withdrawal by the Contracting Party – Cancellation Fee

5.5 The contracting party can withdraw from the accommodation agreement by unilateral declaration without payment of cancellation fees up to 3 months before the agreed arrival date of the guest.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible subject to the following cancellation fees:

• Up to 1 month before arrival: 40% of the total package price
• Up to 1 week before arrival: 70% of the total package price
• In the last week before arrival: 90% of the total package price
• Up to 3 months: No cancellation fee
• 3 months to 1 month: 40%
• 1 month to 1 week: 70%
• Last week: 90%

Travel Restrictions

5.7 If the contracting party cannot arrive at the accommodation due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding), making all travel options impossible, the contracting party is not obligated to pay for the days of arrival.

5.8 The obligation to pay for the booked stay resumes if arrival becomes possible 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 equal quality) if reasonable, especially if the deviation is minor and objectively justified.

6.2 Objectively justified reasons include situations where the room(s) become unusable, previously accommodated guests extend their stay, overbooking occurs, or other important operational measures render this step necessary.

6.3 Any additional expenses for substitute accommodations are 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 premises and the generally accessible facilities of the accommodation, as well as customary service. The rights must be exercised in accordance with any hotel or guest policies (house rules).

§ 8 Obligations of the Contracting Party

8.1 The contracting party is obligated to pay the agreed fee, plus any additional amounts stemming from separate services requested by them and/or their accompanying guests and applicable VAT, at the latest by the time of departure.

8.2 The Accommodation Provider is not required to accept foreign currencies. If accepted, foreign currencies will be credited according to practicability at the daily exchange rate. If the Accommodation Provider accepts foreign currencies or non-cash means of payment, 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 any other persons who receive the Accommodation Provider’s services with the knowledge or will 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 and the statutory lien according to § 1101 ABGB on the items brought in by the contracting party or the guest. This right also secures claims arising from the accommodation agreement, especially for food, other expenses, and claims for compensation of any kind.

9.2 If service is required in the room of the contracting party or at unusual times (after 8:00 pm and before 6:00 am), the Accommodation Provider may charge a special fee. This special fee must be displayed on the room price list. The Accommodation Provider may refuse such services for operational reasons.

9.3 The Accommodation Provider has the right to bill or issue an interim invoice at any time.

§ 10 Obligations of the Accommodation Provider

10.1 The Accommodation Provider is obliged to provide the agreed services to an extent consistent with their standard.

10.2 Chargeable extra services not included in the accommodation fee are for example:

a) Extra accommodation services, such as provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.;

b) An extra charge for additional or children's beds.

§ 11 Liability of the Accommodation Provider for Items Brought in

11.1 The Accommodation Provider is liable pursuant to §§ 970 ff ABGB for items brought in by the contracting party. Liability only exists if the items have been handed over to the Accommodation Provider or authorized personnel, or have been brought to a designated or instructed location. Unless proof to the contrary is provided, the Accommodation Provider is liable for their own fault or that of their personnel, as well as for incoming and outgoing persons. Liability is limited by § 970 (1) ABGB up to the amount stipulated in the Federal Act of November 16, 1921 regarding the liability of innkeepers and other businesses as currently amended. If the contracting party or guest does not immediately follow the Accommodation Provider’s request to deposit their belongings at a specific storage location, the Accommodation Provider is released from all liability. Liability is in any case limited to the amount covered by the Accommodation Provider's liability insurance. Any contributory fault by the contracting party or guest is taken into account.

11.2 Liability is excluded for minor negligence. If the contracting party is an entrepreneur, liability is also excluded for gross negligence; in this case, the contracting party bears the burden of proof. Consequential damage, indirect damage, or loss of profits will not be compensated.

11.3 For valuables, cash, and securities, the Accommodation Provider is liable up to an amount of currently €550. The Accommodation Provider is only liable for an amount exceeding this if these items were accepted for safekeeping in full knowledge of their value, or if the damage was culpably caused by the Accommodation Provider or their personnel. The limitations of liability in 12.1 and 12.2 apply accordingly.

11.4 The Accommodation Provider may refuse to store valuables, cash, or securities if they are considerably more valuable than what guests of the specific accommodation establishment usually deposit for safekeeping.

11.5 In any case, liability is excluded if the contracting party and/or guest does not immediately report the occurrence of damage to the Accommodation Provider. Any such claims must be asserted in court within three years from the date of knowledge or possible knowledge; otherwise, the right is forfeited.

§ 12 Limitations of Liability

12.1 If the contracting party is a consumer, the Accommodation Provider’s liability for slight negligence, except for personal injury, is excluded.

12.2 If the contracting party is an entrepreneur, liability is excluded for both slight and gross negligence, and the burden of proof lies with the contracting party. Consequential damages, intangible losses, indirect damages, or lost profits are not compensated. In any case, compensation is limited to the amount of the contracting party’s trust interest.

§ 13 Pet Policy

13.1 Animals may only be brought into the accommodation with prior consent of the Accommodation Provider and, where applicable, for a special fee.

13.2 The contracting party bringing an animal is obliged to supervise or have the animal supervised or kept at their own expense by suitable third parties.

13.3 The contracting party or guest bringing an animal must hold appropriate pet liability insurance, or personal liability insurance which also covers possible damage caused by animals. Proof of insurance must be provided upon request.

13.4 The contracting party and/or their insurer are jointly and severally liable for any damage caused by animals brought in. This includes replacement services that the Accommodation Provider must provide to third parties.

13.5 Animals are prohibited in salons, public rooms, restaurants, and wellness areas.

§ 14 Extension of Accommodation

14.1 There is no entitlement to extension of the stay. Timely notification of a wish for extension enables the Accommodation Provider to agree to extend the agreement, at their discretion and without obligation.

14.2 Should the contracting party be unable to leave on the date of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding), whereby all departure options are blocked or unusable, the accommodation agreement is automatically extended for the duration of the impossibility of departure. A reduction in fee is only possible if the contracting party cannot make full use of the offered services due to the exceptional circumstances. The Accommodation Provider is entitled to request at least the rate usually charged during the low season.

§ 15 Termination of the Accommodation Agreement – Early Termination

15.1 If the accommodation agreement is concluded for a fixed period, it ends with the expiry of the term.

15.2 If the contracting party departs early, the Accommodation Provider is entitled to the full agreed fee, minus any savings due to non­­utilization or re-letting the rooms. Such savings only exist if the establishment is fully booked at the time in question and the room cancelled by the contracting party can be let to another guest. The burden of proof for savings lies with the contracting party.

15.3 The agreement ends upon the death of a guest.

15.4 If the accommodation agreement was concluded for an indefinite period, either party may terminate the agreement up to 10:00 a.m. three days prior to the intended end date.

15.5 The Accommodation Provider is entitled to immediate termination for good cause, especially if the contracting party or guest

a) significantly disadvantages use of the premises, behaves inconsiderately, offensively or otherwise grossly improper toward other guests, the owner, their staff, or other persons residing at the establishment, or is guilty of a punishable offence against property, morality, or personal safety;

b) contracts a contagious disease or becomes in need of care extending beyond the duration of accommodation;

c) fails to pay the invoices, after a reasonable period (3 days) upon due date.

15.6 If performance of the agreement becomes impossible due to force majeure (e.g. natural disasters, strikes, lockouts, official orders), the Accommodation Provider may terminate the agreement at any time without notice, unless otherwise prescribed by law, or the obligation to provide accommodation is revoked. Claims for damages by the contracting party are excluded.

§ 16 Illness or Death of a Guest

16.1 If a guest becomes ill during their stay, the Accommodation Provider shall procure medical care upon request. In emergencies, medical care will be arranged even without a specific request, particularly if necessary and if the guest is personally incapable of doing so.

16.2 As long as the guest is unable to make decisions or relatives cannot be contacted, the Accommodation Provider will provide medical care at the guest's expense, until decisions can be made by the guest or relatives are notified.

16.3 The Accommodation Provider is entitled to compensation from the contracting party, guest, or in the event of death, their successors, in particular for:

a) outstanding doctor’s fees, ambulance, medication, and medical aids,

b) necessary room disinfection,

c) unusable linen, bedding and furnishings, or for disinfection/cleaning thereof,

d) restoration of walls, fixtures, carpets etc. contaminated or damaged,

e) room charges for the period of occupancy plus unusable days due to disinfection, evacuation, etc.,

f) any other losses incurred.

§ 17 Place of Performance, Jurisdiction, and Choice of Law

17.1 The place of performance is the location of the accommodation establishment.

17.2 This contract is governed by Austrian substantive and formal law to the exclusion of conflict of law rules (in particular IPRG and EVÜ) and UN Sales Law.

17.3 In bilateral business transactions, the exclusive place of jurisdiction is the headquarters of the Accommodation Provider, though the Accommodation Provider may assert its rights at any other competent court.

17.4 If the contract was concluded with a consumer resident or habitually resident in Austria, legal proceedings against the consumer may only be brought at the consumer’s place of residence, habitual abode, or place of employment.

17.5 If the contract was concluded with a consumer resident in an EU member state (excluding Austria), Iceland, Norway, or Switzerland, legal proceedings against the consumer may only be brought at courts competent for the consumer’s place of residence.

§ 18 Miscellaneous

18.1 Unless otherwise specified, time periods begin with service of the document instructing the time period on the party obliged to observe it. In calculating a time period stipulated by days, the day on which the event occurs is not counted. Weekly and monthly periods expire on the day of the week/month corresponding to the initial day; should such a day not occur, the last day of the month applies.

18.2 Declarations must be received by the respective other contracting party by 24:00 hours on the last day of the period.

18.3 The Accommodation Provider may offset their own claims against those of the contracting party. The contracting party may only offset their own claims against those of the Accommodation Provider if the Accommodation Provider is insolvent or the contracting party’s claim is legally binding or acknowledged.

18.4 In the case of regulatory gaps, the relevant statutory provisions shall apply.