General Terms and Conditions

The (General) Austrian Hotel Contract Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.

1. in case of doubt, the contracting party of the accommodation provider shall be the customer, even if he has ordered or co-ordered for other named persons.

2. persons making use of the accommodation are guests within the meaning of the contractual terms and conditions.

1. as a rule, the accommodation contract is concluded when the accommodation provider accepts the guest's written or verbal order.

2. it is agreed that the guest shall make a down payment.

3. the accommodation provider may also demand advance payment of the entire agreed remuneration.

1. the guest has the right to move into the rented rooms from 4 p.m. on the agreed day.

2. the accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed day of arrival.

3. if the guest has paid a deposit, the room(s) shall remain reserved until 12 noon of the following day at the latest.

4. if a room is occupied for the first time before 6 a.m., the previous night shall count as the first overnight stay.

5. the rented rooms must be vacated by the guest by 10 a.m. on the day of departure.

1. withdrawal by the contracting party (guest)
The accommodation contract can be canceled by the contracting party without payment of a cancellation fee by means of a unilateral declaration up to three months before the agreed date of arrival at the latest.
Please note: The cancellation declaration must be received by the accommodation provider within the deadline.

2 Cancellation with cancellation fee:
1. a cancellation fee of 40% of the booked arrangement must be paid if the booking is canceled up to one month before the agreed arrival date.

2. from 1 month to 1 week before the start of the vacation, we charge 70% of the booked stay.

3. 90% of the booked stay in the last week before the day of arrival.

4. in the event of late arrival or early departure, 100% of the travel price is due.

Cancellations will only be accepted in writing.
We recommend that you take out hotel cancellation insurance. As a special service, we offer you the "Holiday Austria Insurance" from Europäische Reiseversicherung.

3. even if the guest does not make use of the booked rooms or the pension service, he is obliged to pay the agreed fee to the accommodation provider. However, the accommodation provider must deduct what he has saved as a result of not using his services or what he has received by renting the booked rooms to other parties.

4. it is incumbent upon the accommodation provider to endeavor to rent the unused rooms to other parties in accordance with the circumstances (§ 1107 ABGB).

1. the accommodation provider may provide the guest with adequate alternative accommodation if this is reasonable for the guest, in particular because the deviation is minor and objectively justified.

2. an objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures make this step necessary.

3. any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

1. by concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are usually accessible to guests for use without special conditions, and to the usual service.

2. the guest has the right to move into the rented rooms from 3 p.m. on the agreed day.

1. the agreed remuneration must be paid upon termination of the accommodation contract.
The accommodation provider is not obliged to accept cashless means of payment such as checks, credit cards, receipts, vouchers, etc.
All costs necessary for the acceptance of these securities, such as for telegrams, inquiries, etc. shall be borne by the guest.

2. if food or drinks are available in the accommodation establishment but are brought there and consumed in public areas, the accommodation provider is entitled to charge reasonable compensation (so-called "stoppage money" for drinks).

3. the accommodation provider's consent must be obtained before electrical appliances brought by the guests and which are not part of the usual travel requirements are put into operation.

4. the provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third parties through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim damages directly from the accommodation provider.

1. if the guest refuses to pay the agreed remuneration or is in arrears with it, the owner of the accommodation establishment shall be entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention).

2. the accommodation provider has the right of lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).

3. if the service is requested in the guest's room or at unusual times of the day, the accommodation provider is entitled to charge a special fee for this; however, this special fee must be indicated on the room price list. He may also refuse these services for operational reasons.

1. the accommodation provider is obliged to provide the agreed services to an extent that corresponds to the standard.

2. special services of the accommodation provider that are not included in the accommodation fee and are subject to a charge:

• Special accommodation services that may be charged separately, such as the provision of a solarium, garage, etc.
• A reduced price will be charged for the provision of additional beds or cribs.

3. the prices shown are inclusive prices.

1. the accommodation provider shall be liable for damage suffered by a guest if the damage occurred within the scope of the establishment and if he or his employees are at fault.

2. liability for items brought in. In addition, the Proprietor shall be liable as custodian for items brought in by the accommodated guests up to a maximum amount of EUR 1,090.00 unless the Proprietor proves that the damage was neither caused by the Proprietor or one of its employees nor by third parties entering or leaving the hotel.
Under these circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of EUR 545, unless he has taken these items into safekeeping with knowledge of their nature or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by means of a notice has no legal effect.
The safekeeping of valuables, money and securities may be refused if the items in question are significantly more valuable than those usually kept by guests of the establishment in question. Agreements by which liability is to be reduced below the level specified in the above paragraphs are invalid. Objects shall be deemed to have been brought in if they are taken over by a person in the service of the accommodation establishment or brought to a place designated for this purpose by the latter. (In particular §§ 970 ff. ABGB.)

Animals may not be brought into the accommodation establishment under any circumstances.

An extension of the stay by the guest requires the consent of the accommodation provider.

1. if the accommodation contract has been agreed for a specific period, it shall end upon expiry of the period. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration. However, the Proprietor shall be responsible for endeavoring to rent the unused rooms to other parties in accordance with the circumstances.

(2) The contract with the Proprietor shall end upon the death of a Guest.

3. if the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract at any time by giving three days' notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be deemed the first day of the notice period, but only the following day.

4. if the guest does not vacate his room by 12 noon, the accommodation provider shall be entitled to charge the room price for a further day.

5. the Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest

• makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unbearable for the other occupants or commits a punishable act against property, morality or physical safety against the accommodation provider and his staff or a person living in the accommodation establishment;
• is afflicted with a contagious disease or a disease exceeding the duration of the accommodation or is in need of care;
• fails to pay the invoice presented to him/her within a reasonable period of time after being requested to do so.

If a guest falls ill during their stay in the accommodation establishment, the accommodation provider is obliged to provide medical care if this is necessary and the guest is unable to do so themselves.
The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against their legal successor:

1. any reimbursement of medical expenses not yet paid by the guest;

2. for the necessary room disinfection, if this is ordered by the public health officer;

3. if necessary, compensation for linen, bedding and bed furnishings that have become unusable, against handover of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;

4. for the restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death;

5. for the room rent, insofar as this is lost in connection with the illness or death due to the temporary unavailability of the rooms (at least three days, at most seven days).

(1) The place of performance shall be the place where the accommodation establishment is located.

2. for all disputes arising from the accommodation contract, the court with subject-matter and local jurisdiction for the accommodation provider is agreed, unless

• the guest, as a consumer, has a place of employment or residence in Austria; in this case, the place of jurisdiction shall be the place indicated by the guest in the registration;
• the guest as a consumer only has a domestic place of employment; in this case, this is agreed as the place of jurisdiction.

Owner, editor and publisher: Fachverband Hotellerie, 1045 Vienna, Wiedner Hauptstraße 63