The (General) Austrian Hotel Contract Terms and Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation agreements with their guests.
The Austrian Hotel Contract Terms do not exclude special agreements.
(1) In case of doubt, the customer shall be deemed to be the contracting party of the accommodation provider, 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 terms of contract.
(1) The accommodation contract is usually concluded by the acceptance of the guest's written or oral order by the accommodation provider.
(2) It may be agreed that the guest makes a down payment.
(3) The Proprietor may also demand advance payment of the entire agreed fee.
(1) The guest has the right to move into the rented rooms from 1 pm 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 pm on the agreed day of arrival, unless a later time of arrival has been agreed.
(3) If the guest has paid a deposit, on the other hand, the room(s) shall remain reserved until 12 noon of the following day at the latest.
(4) If a room is used for the first time before 6 a.m., the previous night shall count as the first overnight stay.
(5) The rented rooms are to be vacated by the guest by 11 a.m. on the day of departure.
(1) If the Accommodation Agreement provides for a down payment and if the down payment was not made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
(2) If the guest does not show up by 6:00 p.m. of the agreed arrival day, there is no obligation to accommodate, unless a later arrival time has been agreed. After that 100% NoShow fee will be charged.
(3) If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon of the day following the agreed day of stay at the latest. In case of advance payment of more than four days, the accommodation obligation ends from 6 p.m. of the fourth day, whereby the arrival day is counted as the first day, unless the guest announces a later arrival day.
(4) Up to 3 months before the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor by unilateral declaration for objectively justified reasons, unless otherwise agreed.
(5) It shall be incumbent upon the Proprietor to endeavor to rent the unused rooms to another party in accordance with the circumstances (§ 1107 ABGB).
Withdrawal by the contracting party - cancellation fee -.
Groups (from 5 rooms), seminar groups, apartments,
Long-stay stays (from 6 days)
(6) Up to 3 months prior to the agreed date of arrival of the guest at the latest, the accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party.
(7) Individual bookings that do not fall under the above options can be canceled free of charge until 11:00 a.m. on the day of arrival. After that 100% no show fee will be charged.
(8) Outside the period specified in § 5.5, withdrawal by unilateral declaration of the Contractual Partner is possible only upon payment of the following cancellation fees:
- up to 1 month before the arrival date 40% from the total arrangement price;
- up to 1 week before the day of arrival 70% from the total arrangement price;
- in the last week before the arrival day 90% from the total arrangement price.
(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, already accommodated guests extend their stay or other important operational measures necessitate this step.
(3) Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
(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 1 p.m. of the agreed day.
(3) If full board or half board has been agreed upon, the guest has the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals that he/she does not take, provided that he/she has reported this in time, i.e. by 6 p.m. of the previous day.
(4) Otherwise, if the accommodation provider is ready to provide services and the guest does not take the agreed meals within the usual hours of the day and in the premises designated for this purpose, the guest shall have no claim for compensation.
(1) Upon termination of the accommodation contract, the agreed remuneration shall be paid. Foreign currencies shall be accepted in payment by the Proprietor at the daily exchange rate, if possible.
The Proprietor shall not be obliged to accept cashless means of payment such as checks, credit cards, vouchers, etc.
All costs necessary for the acceptance of these securities, e.g. for telegrams, inquiries, etc. shall be borne by the guest.
(2) If food or beverages are available at the accommodating 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 consent of the Proprietor 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) For the damage caused by the guest the regulations of the compensation law are valid. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third persons due to his fault or due to the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to claim compensation directly from the accommodation provider.
(1) If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall be entitled to retain the items brought in (§ 970 c ABGB statutory right of retention) or to take legal action to secure his claim arising from the accommodation and catering as well as his expenses for the guest.
(2) The accommodation provider shall have the right of lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB legal right of lien of the accommodation provider).
(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 marked on the room rate card. He may also refuse these services for operational reasons.
(1) The Proprietor is obliged to provide the agreed services to an extent corresponding to the standard.
(2) Special accommodation services of the Proprietor which are not included in the accommodation fee:
(a) special accommodation services that may be charged separately, such as the provision of sauna, bicycle rental, parking, etc.
b) a reduced price is charged for the provision of additional beds or cribs.
(3) The awarded prices shall be 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 the accommodation provider or its employees are at fault.
(2) Liability for brought-in objects. 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 € 1,100, - 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 Proprietor shall be liable for valuables, money and securities up to a maximum amount of € 550,- 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 items 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 accommodating establishment or if they are brought to a place assigned by the latter and designated for this purpose. (In particular §§ 970 ff. ABGB.)
(1) Animals may be brought into the accommodation establishment only with prior permission and, if necessary, for a special fee. Animals are not allowed in the public and restaurant rooms.
(2) The guest shall be liable for any damage caused by animals brought into the accommodation in accordance with the statutory provisions applicable to animal owners (Section 1320 of the Austrian Civil Code).
An extension of the stay by the guest requires the consent of the accommodation provider. If the guest does not obtain consent and, contrary to expectations, does not depart, the accommodation provider is entitled to vacate the room and take the guest's personal belongings into custody.
(1) If the accommodation contract was agreed upon for a certain period of time, it ends with the expiration of time. If the guest departs prematurely, the accommodation provider shall be entitled to demand the full agreed remuneration.
(2) However, it shall be incumbent upon the Proprietor to endeavor to rent the rooms not used to another party in accordance with the circumstances. The burden of proof of the savings shall be on the guest.
Otherwise, the regulation in § 5 (5) applies mutatis mutandis (deduction percentages).
(2) The death of a guest terminates the contract with the accommodation provider.
(3) If the accommodation contract was 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 considered the first day of the notice period, but only the following day.
(4) If the guest does not vacate his/her room by 11 a.m., the Proprietor shall be entitled to charge the room rate for another day.
(5) The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest
a) makes a considerably disadvantageous use of the rooms or by his inconsiderate, offensive or otherwise grossly unseemly behavior makes it unpleasant for the other co-inhabitants to live together or is guilty of a punishable act against property, morality or physical safety towards the Proprietor and his people or a person living in the accommodating establishment;
b) is afflicted with a contagious disease or a disease exceeding the period of accommodation, or is in need of care;
c) fails to pay the bill presented to him/her upon request within a reasonably set period of time.
(6) If the fulfillment of the contract becomes impossible due to an event that can be considered as force majeure, the contract shall be terminated.However, the accommodation provider shall be obliged to return the remuneration already received on a pro rata basis so that he does not derive any profit from the event. (§ 1447 ABGB.)
(1) If a guest falls ill during his stay in the accommodation facility, the accommodation provider is obliged to provide medical care if this is necessary and the guest is not able to do so himself.The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against his legal successor:
a) possible reimbursement of medical expenses not yet paid by the guest;
b) for the necessary room disinfection, if this is ordered by the public health officer;
c) if applicable, compensation for linen, bedding and bed furnishings that have become unusable, against surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
d) for the restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness or death;
e) for room rent, as well as it is lost in connection with the illness or death due to temporary unavailability of the rooms (minimum three, maximum seven days).
1. the hotel is liable for the care of a prudent businessman. This liability is in the area not typical for the service, but limited to deficiencies in performance, damages, consequential damages or disruptions that are due to intent or gross negligence of the hotel.
In the event of disruptions or deficiencies in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The
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The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
2. the hotel is liable to the customer for objects brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, but not more than € 3,500.00, and for money and valuables up to € 800.00.
3. the legal provisions apply to the unlimited liability of the hotel.
4. insofar as the customer is provided with a parking space in the hotel garage or in a hotel parking lot, also
is made available for a fee, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. wake-up orders are executed by the hotel with the utmost care.
Claims for damages, except for gross negligence or intent, are excluded.
6. messages, mail and merchandise shipments for guests are handled with care. The hotel takes over the delivery, storage and - on request - the forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
(1) The place of performance shall be the place where the accommodating establishment 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
a) the guest, as a consumer, has a place of employment or residence located within the country; in this case, the place of jurisdiction shall be the place indicated by the guest in the registration;
b) the guest as a consumer has only a domestic place of employment; in this case, this is agreed as the place of jurisdiction.
The cancellation fees specified in § 5 items 1, 2 and 5 have been entered in the Cartel Register, number 1 Kt 617/97-5, in accordance with § 31 in conjunction with § 32 of the Cartel Act as a non-binding association recommendation.
Doris Reinisch Ges.m.b.H.
Mannswörther Street 76
Tel: +43-1-707 04 44
UID number: ATU16856301
Legal domicile: Schwechat
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For Just Rooms bookings, please check in at Das Reinisch Business Hotel.
CHECK-IN from 15:00
Early Check-in before 12:00 at € 35,-.
CHECK-OUT until 11:00 a.m.
Late check-out until 12:00 a.m. free of charge
Very late check-out until 3:00 p.m. at € 35,-.