Terms and Conditions
General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) — Version dated 15 November 2006. These General Terms and Conditions apply to all accommodation contracts entered into by Wassermann Touristik GmbH (Familienhotel Trebesingerhof).
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as ‘AGBH 2006’) replace the previous ÖHVB in the version dated 23 September 1981.
1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 take precedence over agreements made on a case-by-case basis.
§ 2 Definitions
“Accommodation provider”: A natural or legal person who provides accommodation to guests in return for payment.
“Guest”: A natural person who makes use of accommodation. The guest is usually also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Contractual partner”: A natural or legal person, whether domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.
‘Consumer’ and ‘business owner’: The terms are to be understood within the meaning of the Consumer Protection Act 1979, as amended.
“Accommodation contract”: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set out in more detail below.
§ 3 Conclusion of the Contract — Deposit
3.1 The accommodation contract is concluded upon the accommodation provider’s acceptance of the contracting party’s booking. Electronic communications are deemed to have been received when the party for whom they are intended is able to access them under normal circumstances.
3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the other party pays a deposit.
3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) before the start of the stay. The costs of the money transfer shall be borne by the contracting party.
3.4 The deposit is a partial payment towards the agreed fee.
§ 4 Start and end of the accommodation
4.1 The contracting party is entitled to take possession of the rented premises from 4.00 pm on the agreed day (‘day of arrival’).
4.2 If a room is occupied for the first time before 6.00 am, the preceding night counts as the first night’s stay.
4.3 The contracting party must vacate the rented premises by 12:00 on the day of departure.
§ 5 Withdrawal from the accommodation contract — Cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the contracting party has not paid the deposit by the due date, the accommodation provider may withdraw from the accommodation contract without setting a grace period.
5.2 If the guest does not arrive by 18:00 on the agreed day of arrival, the accommodation provider is under no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit, the accommodation shall remain reserved until 12:00 noon at the latest on the day following the agreed arrival date.
5.4 Up to 3 months before the contractual partner’s agreed arrival date, the accommodation contract may be terminated by the accommodation provider on objectively justified grounds by means of a unilateral declaration.
Withdrawal by the contracting party — Cancellation fee
5.5 Up to 3 months before the guest’s agreed arrival date, the accommodation contract may be terminated by unilateral notice from the contracting party without payment of a cancellation fee.
5.6 Outside the period specified in clause 5.5, the contracting party may only withdraw from the contract by means of a unilateral declaration if the following cancellation fees are paid:
| up to 3 months | 3 months to 1 month | 1 month to 1 week | Last week |
|---|---|---|---|
| no cancellation fees | 40 % | 70 % | 90 % |
Percentages are calculated on the basis of the total package price in each case.
Travel disruptions
5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival because unforeseeable exceptional circumstances (e.g. heavy snowfall, flooding, etc.) render all means of travel impossible, the contracting party shall not be obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay for the booked stay is reinstated from the point at which travel becomes possible again, provided that travel becomes possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same standard) if this is reasonable for the contracting party.
6.2 A valid justification exists, for example, if the room has become unusable, if guests already staying there extend their stay, if there is an overbooking, or if other important operational measures necessitate this step.
6.3 Any additional costs incurred for alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By entering into an accommodation contract, the contracting party acquires the right to the normal use of the rented premises and to the usual level of service. The contracting party must exercise their rights in accordance with any applicable hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay the agreed fee, plus any additional charges and statutory VAT, no later than the time of departure.
8.2 The accommodation provider is not obliged to accept foreign currencies.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by themselves, the guest or any other persons.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the fee or is in arrears with payment, the accommodation provider is entitled to the statutory right of retention under Section 970c of the Austrian Civil Code (ABGB) and to the statutory right of lien under Section 1101 of the ABGB.
9.2 If the service is requested at unusual times of the day (after 8.00 pm and before 6.00 am), the accommodation provider is entitled to charge a special fee for this.
9.3 The accommodation provider is entitled to issue an invoice or an interim invoice for their services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to a standard commensurate with their usual level of service.
10.2 Examples of additional services subject to a charge which are not included in the accommodation fee are as follows:
- Additional facilities such as beauty salons, a sauna, an indoor swimming pool, a solarium, garage parking, etc.
- A reduced rate applies to extra beds and cots.
§ 11 Liability of the accommodation provider for damage to guests’ personal belongings
11.1 In accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB), the accommodation provider is liable for items brought onto the premises by the contracting party, up to a maximum of the amount specified in the Federal Act of 16 November 1921. The extent of any liability is limited to the sum insured under the liability insurance policy.
11.2 The accommodation provider shall not be liable for slight negligence. If the contracting party is a business, liability shall also be excluded in the case of gross negligence.
11.3 The accommodation provider is liable for valuables, cash and securities only up to the current amount of €550.
11.4 The accommodation provider may refuse to store valuables if they are of significantly greater value.
11.5 Liability shall be excluded if the contracting party and/or guest fails to report the damage that has occurred without delay.
§ 12 Limitations on Liability
12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence is excluded, with the exception of personal injury.
12.2 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded.
§ 13 Animal husbandry
13.1 Pets may only be brought onto the premises with the prior consent of the accommodation provider and, where applicable, subject to a separate charge.
13.2 The contracting party is obliged to keep and supervise their animal properly.
13.3 The contracting party must hold appropriate animal liability insurance.
13.4 The contracting party or their insurer shall be jointly and severally liable for any damage caused by animals brought onto the premises.
13.5 Pets are not permitted in the lounges, social areas, dining areas or wellness facilities.
§ 14 Extension of the stay
14.1 The contracting party has no right to have their stay extended.
14.2 If, on the day of departure, the contracting party is unable to leave the accommodation establishment because all means of departure are blocked due to unforeseeable, exceptional circumstances, the accommodation contract shall be automatically extended for the duration of the inability to depart.
§ 15 Termination of the Accommodation Contract — Early Termination
15.1 If the accommodation contract was concluded for a fixed term, it shall expire at the end of that term.
15.2 If the contracting party leaves early, the accommodation provider is entitled to claim the full agreed fee.
15.3 The contract with the accommodation provider comes to an end upon the death of a guest.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 am on the third day prior to the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest:
- makes significantly improper use of the premises;
- is struck down by a contagious disease;
- fails to pay the invoices submitted within a reasonable period (3 days).
15.6 If fulfilment of the contract becomes impossible due to force majeure (e.g. natural disasters, strikes, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without giving notice.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay, the accommodation provider will arrange for medical care at the guest’s request.
16.2 As long as the guest is unable to make decisions, the accommodation provider will arrange for medical treatment at the guest’s expense.
16.3 The accommodation provider is entitled to compensation in particular for the following costs:
- outstanding medical expenses, patient transport, medicines and medical aids
- disinfection of the premises, which has become necessary
- clothing, bed linen and bedding that are no longer usable
- Restoration of walls, furnishings and carpets
- Rent for days on which the rooms are not in use
- any other damage
§ 17 Place of performance, jurisdiction and governing law
17.1 The place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian procedural and substantive law, to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral commercial transactions between businesses, the exclusive place of jurisdiction is the accommodation provider’s registered office.
17.4 If the accommodation contract was concluded with a consumer resident in Austria, legal proceedings against the consumer may only be brought at their place of residence, habitual residence or place of work.
17.5 In the case of consumers resident in another EU Member State, Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction over their place of residence shall have exclusive jurisdiction.
§ 18 Miscellaneous
18.1 Calculation of time limits: Where time limits are specified in days, the day on which the relevant date falls is not included in the count. Time limits specified in weeks or months refer to the day of the week or the day of the month corresponding to the day from which the time limit is to be counted.
18.2 Notices must be received by the other party by midnight on the last day of the deadline.
18.3 The accommodation provider is entitled to set off its own claims against a claim made by the contracting party.
18.4 In the event of any omissions in these terms and conditions, the relevant statutory provisions shall apply.