General terms and conditions

§ 1 General

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

§ 2 Contract partner

1. In case of doubt, the Party of the Proprietor shall be deemed to be the Party of the Ordering Party, even if the Ordering Party has ordered or co-ordered for other named persons.

2. Persons making use of the accommodation are guests within the meaning of the terms of contract.

§ 3 Conclusion of contract, deposit

(1) The accommodation contract is generally concluded by the acceptance of the guest’s written or oral order by the accommodation provider.

(2) It is agreed that the guest shall pay a deposit.

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

§ 4 Start and end of accommodation

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.

§ 5 Withdrawal from the accommodation contract

1. cancellation by the contracting party (guest)
The accommodation contract may be cancelled by the Party by means of a unilateral declaration no later than three months before the agreed date of arrival without payment of a cancellation fee.
Please note: The cancellation declaration must be received by the accommodation provider within the deadline.

2 Cancellation with cancellation fee:

  • in case of cancellation up to one month before the agreed date of arrival at the latest, a cancellation fee in the amount of 40 % of the booked arrangement is payable.
  • from 1 month to 1 week before the start of the holiday we charge 70 % of the booked stay.
  • in the last week before the arrival date we charge 90% of the booked stay.
  • in case of late arrival or early departure, 100% of the price of the holiday is due.



Cancellations are only accepted in written form.
We recommend that you take out hotel cancellation insurance. As a special service we offer you the “Holiday Austria Insurance” of the Europäische Reiseversicherung.


§ 6 Providing substitute accommodation

(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.

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

(3) Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the guest

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 and without special conditions accessible to the guests for use, and to the usual service.

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

§ 8 Obligations of the guest

1. the agreed remuneration shall be paid upon termination of the accommodation contract.
The accommodation provider shall not be obliged to accept non-cash means of payment such as cheques, credit cards, vouchers etc..
All costs necessary for the acceptance of these securities, e.g. for telegrams, enquiries, etc., shall be borne by the guest.

2. if food or beverages are available at the accommodation establishment but are brought there and consumed in public rooms, the accommodation provider shall be entitled to charge reasonable compensation (so-called “stubble money” for beverages).

3. the accommodation provider’s consent must be obtained before electrical appliances which are brought by the guests and which are not part of the usual travel requirements are put into operation. 4. the accommodation provider’s consent must be obtained before electrical appliances 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 due to his/her fault or due to the fault of his/her companions or other persons for whom he/she is responsible, even if the injured party is entitled to claim compensation directly from the accommodation provider.

§ 9 Rights of the hotelier

(1) If the guest refuses to pay the agreed remuneration or is in arrears, the proprietor 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 shall have the right of lien on the objects brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB legal right of lien of the accommodation provider). 3.

(3) If service is requested in the guest’s room or at unusual times of the day, the accommodation provider shall be entitled to charge a special fee for this; this special fee shall, however, be indicated on the room rate card. He may also refuse these services for operational reasons.

§ 10 Duties of the hotelier

(1) The Proprietor shall be obliged to provide the agreed services to an extent corresponding to the standard.

(2) special accommodation services of the accommodation provider that are not included in the accommodation fee:  special accommodation services which may be charged separately,  such as the provision of a solarium, garage, etc.

(3) A reduced price is charged for the provision of additional beds or children’s beds.

(4) the prices quoted are inclusive prices.

§ 11 Liability of the accommodation provider for damage

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

2. liability for objects brought in. In addition, the accommodation provider shall be liable as the custodian for the items brought in by the accommodated guests up to a maximum amount of Euro 1,090,– unless he proves that the damage was neither caused by him or one of his employees nor by third parties leaving and entering the house.
Under these circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of Euro 545,– unless he has taken these items into custody with knowledge of their condition or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by notice is legally without effect.
The safekeeping of valuables, money and securities may be refused if the objects in question are considerably more valuable than guests of the establishment concerned usually leave in safekeeping. Agreements aimed at reducing liability 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 assigned by the latter and designated for this purpose. (In particular §§ 970 ff. ABGB.)

§ 12 Animals

Animals must not be brought into the accommodation under any circumstances.

§ 13 Extension of the accommodation

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

§ 14 Termination of accommodation

(1) If the accommodation contract has been agreed for a certain period of time, it shall end with the expiry of this period. In the event of early departure by the guest, the accommodation provider shall be entitled to demand the full agreed remuneration.
However, it shall be incumbent on the Proprietor to endeavour to let the unused rooms to someone else in accordance with the circumstances.

(2) The death of a guest shall terminate the contract with the accommodation provider.

(3) If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract at any time by giving three days’ notice. The notice of termination must reach the contracting party by 10 a.m., otherwise this day shall not be deemed the first day of the notice period but the following day.

(4) If the guest has not vacated his/her room by 12 noon, the accommodation provider shall be entitled to charge the room rate for another day.

(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
1. makes a considerably disadvantageous use of the rooms or by his inconsiderate, offensive or
or by his inconsiderate, insulting or otherwise grossly improper behaviour the
the other tenants or by his unpleasant behaviour to the
the Proprietor and his staff or a person residing in the accommodating establishment.
harasses a person residing at the tourist accommodation establishment or commits an offence that is punishable by law
morality or physical integrity;

2. suffers from a contagious disease or from an illness which exceeds the duration of the accommodation or is in need of care;

3. does not pay the bill presented to him or her within a reasonable period of time.

§ 15 Illness or death of the guest in the accommodation facility

(1) If a guest falls ill during his stay in the accommodation establishment, the accommodation provider shall be obliged to provide medical care if this is necessary and the guest is not able to do so himself.
The accommodation provider shall have the following claim for reimbursement of costs against the guest or, in the event of death, against his/her legal successor:

1. Possible reimbursement of medical costs not yet paid by the guest;

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

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

4. for the restoration of walls, fixtures and fittings, carpets carpets, etc., insofar as they were soiled or damaged in connection with the illness or death have been soiled or damaged in connection with the illness or death;

5. for the rent of the room, as far as it is cancelled in connection with the illness or death due to temporary unusability of the rooms (at least three, at most seven days).

§ 16 Place of performance and jurisdiction

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

(2) For all disputes arising from the accommodation contract, the court having subject-matter jurisdiction and local jurisdiction for the accommodation establishment shall be agreed, unless

1. the guest, as a consumer, has a place of employment or residence in Germany; in this case, the court of
domicile; in this case, the place of jurisdiction shall be the place announced by the guest in the
guest has made known in the registration;
2. the guest, as a consumer, has only one domestic place of employment, in which case the place of
In this case, this is agreed as the place of jurisdiction.


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

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