The (general) Austrian Hotel Contract Conditions contain the conditions to the contract which Austrian accommodation providers usually conclude with their guests.

The Austrian Hotel Contract Conditions do not preclude special agreements.

§ 2 Contract partners

(1)

The contract partner for the accommodation provider in case of doubt is the purchaser, even if s/he has purchased for or with other named persons.

(2)

The persons who utilise the accommodation are guests in the terms of the contract conditions.

§ 3 Contract conclusion, deposit

(1)

The accommodation contract is usually created by the accepting of a guest's written or oral booking by the accommodation provider.

(2)

It may be agreed that the guest pays a deposit.

(3)

The accommodation provider can also demand the advance payment of the entire agreed fee.

§ 4 Beginning and end of the accommodation

(1)

The guest has the right to occupy the rented rooms from 1 pm of the agreed day.

(2)

The accommodation provider has the right to withdraw from the contract if the guest has not arrived by 6 pm of the agreed arrival day, unless a later arrival time has been agreed.

(3)

If the guest has paid a deposit, however, the room/s remain/s reserved until 12 pm the next day at the latest.

(4)

If a room is used for the first time before 6 am, the preceding night counts as the first overnight stay.

(5)

The rented rooms are to be vacated by the guest by 11 am on the day of departure.

§ 5 Rescission of the Accommodation Agreement – Cancellation fee Rescission by the Proprietor

5.1 If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.

5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.

5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved until 12.00 noon on the day following the date of arrival at the latest. If a down payment to the amount of more than four days has been made, the obligation to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date  of arrival being deemed the first day, unless the Guest informs the Proprietor of a later date of arrival.

5.4 Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 3 months before the agreed date of arrival of the Party.

Rescission by the Party – Cancellation fee -

 Groups (up 5 guest rooms), Meetinggroups, Apartments, Long-Stay (up 6 nights)

5.5 The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee.

5.6 Reservations, outside of the reasons above, can be cancelled 1 day until 4.00 pm before arriving without cancellation fee.

5.7 Outside the period specified in § 5.5., the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

- 40% of the total agreed price by 1 month before the date of arrival;

- 70% of the total agreed price by 1 week before the date of arrival;

- 90% of the total agreed price within the last week preceding the date of arrival.

§ 6 Provision of alternative accommodation

(1)

The accommodation provider can provide the guest with an adequate alternative accommodation if it is reasonable for the guest, particularly if the difference is minor and objectively justified.

(2)

An objective justification would apply if, for example, the room/s has/have become unusable, if guests who are already accommodated extend their stay or if other important operational reasons demand such a step.

(3)

Any possible additional costs for the alternative accommodation are to be paid by the accommodation provider.

§ 7 Rights of the guest

(1)

The completion of an accommodation contract gives the guest the right to the usual use of the reserved rooms, the facilities of the accommodation establishment which are usually available to guests without special conditions and to the usual services.

(2)

The guest has the right to occupy the rented rooms from 1 pm of the agreed day.

(3)

If full-board or half-board has been agreed, then for every meal that is not taken by the guest, the guest has the right to claim an appropriate alternative meal (lunch package) or voucher, as long as the guest notifies the establishment of this by 6 pm of the preceding day.

(4)

Otherwise, if the guest does not take the agreed meals at the usual times and in the rooms provided therefore, the guest has no right to alternative arrangements for the services provided by the accommodation provider.

§ 8 Obligations of the guest

(1)

The agreed fee is to be paid upon the ending of the accommodation contract. Where possible, foreign currencies will be accepted by the accommodation provider according to the daily exchange rate.
The accommodation provider is not required to accept cashless forms of payment such as cheques, credit cards, vouchers etc.
Any costs incurred by the accepting of such forms of payment, such as for telegrams, enquiries etc. are to be paid by the guest.

(2)

If food and drink are available in the establishment, but are brought in and consumed in public areas, the accommodation provider has the right to charge an appropriate remuneration (so-called "corkage fee" for drinks).

(3)

The permission of the accommodation provider must be sought before using electrical devices which have been brought by the guests and which are not among the usual travel necessities.

(4)

The regulations of tort law apply to any damages caused by the guest. The guest is therefore liable for every damage and disadvantage suffered by the accommodation provider or by third persons caused by the fault of the guest or by the fault of the guest's companion or other persons for whom the guest is responsible. This also applies if the injured party has the right to appeal directly to the accommodation partner for compensation.

§ 9 Rights of the accommodation provider

(1)

If the guest refuses to pay the stipulated fee or is in arrears, the proprietor of the accommodation establishment has the right to withhold any items belonging to the guest that have been brought in to the establishment (§ 970 c Austrian Civil Code, statutory right of retention) or to take legal steps in order to secure her/his outstanding monies resulting from the accommodation, board and expenditures for the guest.

(2)

The accommodation provider has the right of lien on items brought into the property by the guest in order to secure the agreed fee. (§ 1101 Austrian Civil Code, statutory right of lien of the accommodation provider.)

(3)

If service is demanded in the guest's room or at an unusual time of day, the accommodation provider has the right to demand a surcharge. This surcharge must, however, be listed on the price board in the room. The accommodation provider may also refuse such services for operational reasons.

§ 10 Obligations of the accommodation provider

(1)

The accommodation provider is obliged to provide the agreed services to an appropriate standard.

(2)

Extra services of the accommodation provider, which are not included in the accommodation fee and must be indicated accordingly, are:

a)

Special services from the accommodation provider which can be separately charged on the invoice, including the provision of a sauna, bicycle rental, car parking etc.

b)

A discounted price is charged for the provision of extra or children's beds.

(3)

The prices indicated should be inclusive of taxes.

§ 11 Liability of the accommodation provider for damages

(1)

The accommodation provider is liable for damages suffered by the guest if the damage occurs within the establishment and the establishment or one of its employees is at fault.

(2)

In addition the accommodation provider is liable as the custodian for the items brought in by accommodated guests up to a maximum of €1,100, if s/he does not prove that the damage was not caused by the accommodation provider, one of her/his employees or by other persons passing in and out of the premises. Under these circumstances, the accommodation provider is liable for valuables, cash and securities up to a maximum of € 550, unless s/he has accepted custodianship of these items with the knowledge of their nature, or if s/he or an employee is at fault, in which case the accommodation provider has unlimited liability. A denial of liability via a placard has no legal effect. The safekeeping of valuables, cash and securities can be refused if the items in question are considerably more valuable than those usually handed in by guests. Agreements in which the liability in reduced below that set out in the above paragraphs are invalid. Items are considered handed over when they are taken by a person in the employ of the establishment or taken to a place designated for this purpose. (Especially §§ 970 et seqq. Austrian Civil Code.)

§ 12 Accommodation of animals

(1)

Animals may only be brought into the accommodation establishment upon prior agreement and in some cases for a special charge. Animals are not permitted in the common rooms and restaurant areas.

(2)

The guest is liable for damages caused by animals that s/he brings, in line with the statutory regulations valid for pet owners (§ 1320 Austrian Civil Code).

§ 13 Extension of accommodation

An extension of the stay by the guest requires the agreement of the accommodation provider. If the guest does not seek any agreement and does not depart as expected, the accommodation provider has the right to clear the room and to take the guest's personal items into custodianship.

§ 14 Ending of accommodation

(1)

If the accommodation contract has been agreed for a set time, it ends when this time limit is reached. If the guest departs early, the accommodation provider has the right the demand the full agreed fee.

The accommodation provider is, however, obliged to try, to the extent permitted by the circumstances, to rent the rooms to another guest.

Otherwise the regulation in § 5 (5) applies accordingly (discount percentages).

(2)

The death of the guest ends the contract with the accommodation provider.

(3)

If the accommodation contract was agreed with an unlimited time, the contract partners can cancel the contract at any time with a notice period of three days. The cancellation must reach the contract partner by 10 am, otherwise this day does not count as the first day of the notice period, in which case the next day does.

(4)

If the guest does not vacate the room by 11 am, the accommodation provider is entitled to invoice for the room price for an additional day.

(5)

The accommodation provider has the right to cancel the accommodation contract with immediate effect if the guest

a)

makes significantly adverse use of the rooms or, through her/his inconsiderate, objectionable or otherwise inappropriately uncouth behaviour, spoils the collective living experience of the other guests, or who is guilty of a punishable offence against the property, moral standards or physical security of the accommodation provider, an employee or a person living in the establishment;

b)

becomes ill with an infectious disease or one which exceeds the length of stay, or becomes care-dependent;

c)

does not pay the invoices presented to her/him within a reasonably set time period.

(6)

If the fulfilment of the contract becomes impossible due to an event classed as a force majeure, the contract is cancelled. The accommodation provider is required to return any monies collected in part so that no profit is made. (§ 1447 ABGB.)(§ 1447 Austrian Civil Code.)

§ 15 Sickness or death of the guest in the accommodation establishment

(1)

If the guest becomes ill during her/his stay in the establishment, the accommodation provider is obliged to ensure the provision of medical care, if necessary and if the guest is capable of doing so. The accommodation provider is entitled to the following refund of expenses from the guest or from the guest's legal successor in the case of death:

a)

a refund of any doctor's costs not paid for by the guest;

b)

for the necessary disinfection of the room if this is ordered by the public health officer.

c)

a refund for any linen, bedclothes or bed furnishings that have become unusable, upon handing over these items to the legal successor; otherwise for the cleaning of all these items;

d)

For the repair of walls, items of furniture, carpets etc. in so far as these were dirtied or damaged in connection with the illness or death.

e)

for the room rent, if the room cannot be rented for a time because it has become unusable due to the illness or death (minimum three, maximum seven days).

§16

Disclaimer

Liability of the hotel 1. The hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability is limited in non-typical service areas to performance defects, damage, consequential damage, and disruptions resulting from intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavour or provide relief when it becomes aware of this or upon the customer's immediate notification of the defect. The customer is obliged to contribute reasonable assistance in remedying the fault and minimising any possible damages. 2. The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not to exceed € 3,500 and up to € 800 for cash and valuables. 3. Unlimited liability of the hotel is governed by the statutory provisions. 4. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor the contents thereof, excepting cases of intent or gross negligence. This also applies to those employed or subcontracted by the hotel. 5. Wake-up calls are to be carried out by the hotel with great care. Claims for damages, except in cases of intent or gross negligence, are precluded. 6. Messages, post and consignments of goods for guests are handled with care. The hotel undertakes the delivery, storage and - upon request - forwarding for a fee of all of the above. Claims for damages, except in cases of intent or gross negligence, are precluded.

§ 16 Place of fulfilment and court of jurisdiction

(1)

The place of fulfilment is the place in which the accommodation establishment is located.

(2)

For all disputes arising from the accommodation contract, the factual and local competent court for the accommodation establishment is agreed upon, unless

a)

the guest has, as a consumer, a domestically located place of employment or residence. In this case the court of jurisdiction will be agreed as that location as disclosed by the guest on his/her registration.

b)

the guest, as a consumer, only has a domestic employment location. In this case this will be agreed as the court of jurisdiction.

The cancellation fees quoted in § 5 (1), (2) and (5) are, according to § 31 in combination with § 32 Antitrust Law, listed in the Register of Cartels number 1 Kt 617/97-5 as non-binding Association recommendations.