GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006

^{Version dated 15 November 2006}

Section 1 Scope of application

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 exclude special agreements. The AGBH 2006 are subsidiary to agreements made in individual cases.

§ 2 Definitions

2.1 Definitions:

• "Accommodation provider":A natural or legal person who provides accommodation to guests in return for payment.
• "Guest":A natural person who uses the accommodation. The guest is usually also the contractual partner. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests."
• "Contracting party":A natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or for a guest.
• "Consumer" and "entrepreneur":These terms are to be understood in accordance with the Consumer Protection Act 1979, as amended.
• "Accommodation contract":Is the contract concluded between the accommodation provider and the contracting party, the content of which is specified in more detail below.

§ 3 Conclusion of contract – deposit

3.1 The accommodation contract is concluded when the accommodation provider accepts the contractual partner's order. Electronic declarations shall be deemed to have been received when the party for whom they are intended can access them under normal circumstances and access takes place during the accommodation provider's stated business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract on condition that the contracting party makes a deposit. In this case, the accommodation provider is obliged to inform the contracting party of the required deposit before accepting the contracting party's written or verbal order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract shall come into effect upon receipt of the contracting party's declaration of consent to pay the deposit by the accommodation provider.

3.3 The contracting party is obliged to pay the deposit no later than 7 days (receipt) before the accommodation. The costs for the money transaction (e.g. transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.

3.4 The deposit is a partial payment of the agreed fee.

§ 4 Commencement and end of accommodation

4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to check into the rented rooms from 4 p.m. on the agreed day ("day of arrival").

4.2 If a room is occupied for the first time before 6 a.m., the previous night counts as the first night's stay.

4.3The rented rooms must be vacated by the contracting party by 12 noon on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.

§ 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the accommodation provider

5.1 If the accommodation contract stipulates a deposit and the contractual partner has not paid the deposit on time, the accommodation provider may withdraw from the accommodation contract without granting a grace period.

5.2 If the guest does not arrive by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.

5.3 If the contractual partner has made a deposit (see 3.3), the accommodation shall remain reserved until 12 noon on the day following the agreed arrival date at the latest. In the case of advance payment for more than four days, the obligation to provide accommodation ends at 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later arrival date.

5.4 The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed arrival date of the contracting party, unless otherwise agreed.

Withdrawal by the contracting party – cancellation fee

5.5 The accommodation contract may be terminated without payment of a cancellation fee by unilateral declaration by the contracting party no later than 3 months before the agreed date of arrival of the guest.

5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

• up to one month before the arrival date: 40% of the total package price;
• up to one week before the arrival date: 70% of the total package price;
• in the last week before the arrival date: 90% of the total package price.

Impediment to arrival

5.7 If the contracting party is unable to arrive at the accommodation on the day of arrival because all means of travel are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the contracting party is not obliged to pay the agreed fee for the days of arrival.

5.8 The obligation to pay the fee for the booked stay shall resume as soon as arrival becomes possible again within three days.

§ 6 Provision of alternative accommodation

6.1 The accommodation provider may provide the contracting party or guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 An objective justification exists, for example, if the room(s) has/have become unusable, guests who are already accommodated extend their stay, there is overbooking or other important operational measures necessitate this step.

6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.

§ 7 Rights of the contracting party

7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are normally accessible to guests for use without special conditions, and to the customary service. The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

§ 8 Obligations of the Contractual Partner

8.1 The contracting party is obliged to pay the agreed remuneration plus any additional amounts incurred as a result of separate services used by him and/or his accompanying guests, plus statutory value added tax, at the latest at the time of departure.

8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted at the current exchange rate as far as possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.

8.3 The contracting party shall be liable to the accommodation provider for any damage caused by him or the guest or other persons who, with the knowledge or consent of the contracting party, make use of the accommodation provider's services.

§ 9 Rights of the accommodation provider

9. 1 If the contracting party refuses to pay the agreed remuneration or is in arrears with payment, the accommodation provider is entitled to the statutory right of retention in accordance with § 970c ABGB (Austrian Civil Code) and the statutory lien in accordance with § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien shall also entitle the accommodation provider to secure his claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.

9.2 If the service is requested in the contracting party's room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.

9.3 The accommodation provider has the right to settle accounts or issue interim invoices 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 standard.

10.2 Examples of special services provided by the accommodation provider that are subject to a surcharge and are not included in the accommodation fee are:

1. Special accommodation services that may be invoiced separately, such as the provision of lounges, sauna, indoor swimming pool, outdoor swimming pool, solarium, garage parking, etc.;
2. A reduced price will be charged for the provision of additional beds or children's beds.

§ 11 Liability of the accommodation provider for damage to items brought onto the premises

11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB (Austrian Civil Code) for items brought onto the premises by the contracting party. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or specified by them. If the accommodation provider is unable to provide proof, the accommodation provider shall be liable for its own negligence or the negligence of its employees, as well as that of persons entering and leaving the premises. The accommodation provider shall be liable in accordance with § 970 (1) ABGB (Austrian Civil Code) up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the contractual partner or guest does not immediately comply with the accommodation provider's request to deposit their belongings in a special storage area, the accommodation provider is released from any liability. The amount of any liability on the part of the accommodation provider is limited to the maximum amount covered by the accommodation provider's liability insurance. Any fault on the part of the contracting party or guest shall be taken into account. The accommodation provider's liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.

11.3 The accommodation provider is only liable for valuables, money and securities up to a current amount of €550. The accommodation provider shall only be liable for damage exceeding this amount if he has accepted these items for safekeeping in full knowledge of their nature or if the damage was caused by himself or one of his employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.

11.4 The accommodation provider may refuse to store valuables, money and securities if these items are significantly more valuable than those usually stored by guests of the accommodation provider in question.

11.5 In all cases of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately notify the accommodation provider of the damage incurred as soon as they become aware of it. Furthermore, these claims must be asserted in court within three years of the contractual partner or guest becoming aware or possibly becoming aware of the damage; otherwise, the right shall expire.

§ 12 Limitations of liability

12.1 If the contracting party is a consumer, the accommodation provider's liability for slight negligence, with the exception of personal injury, is excluded.

12.2 If the contracting party is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits are not compensated. In any case, the damage to be compensated shall be limited to the amount of the interest in reliance.

§ 13 Keeping of animals

13.1 Animals may only be brought to the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.

13.2 The contracting party who brings an animal with them is obliged to keep this animal properly and supervise it during their stay or to have it kept and supervised by a suitable third party at their own expense.

13.3 The contractual partner or guest who brings an animal with them must have appropriate animal liability insurance or private liability insurance that also covers any damage caused by animals. Proof of the relevant insurance must be provided at the request of the accommodation provider.

13.4 The contractual partner or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. The damage shall also include, in particular, any compensation payments that the accommodation provider has to make to third parties.

§ 14 Extension of accommodation

14.1 The contracting party has no right to have their stay extended. If the contracting party gives timely notice of their wish to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.

14.2 If the contracting party is unable to leave the accommodation provider on the day of departure because all means of departure are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled to charge at least the fee that corresponds to the price usually charged in the low season.

§ 15 Termination of the accommodation contract – Premature termination

15.1 If the accommodation contract was concluded for a specific period, it shall end upon expiry of this period.

15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed remuneration. The accommodation provider will deduct what he saves as a result of the non-utilisation of his services or what he has received by renting the booked rooms to other parties. A saving shall only be deemed to have been made if the accommodation provider is fully occupied at the time of non-utilisation of the rooms ordered by the guest and the rooms can be rented to other guests as a result of the cancellation by the contracting party. The burden of proof for the saving shall be borne by the contracting party.

15.3 The contract with the accommodation provider shall end upon the death of a guest.

15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract until 10 a.m. on the third day before 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 guest

1. makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly inappropriate behaviour, makes the other guests, the owner, his staff or third parties living in the accommodation establishment feel uncomfortable, or is guilty of a punishable offence against the property, morality or physical safety of these persons;
2. contracts a contagious disease or a disease that extends beyond the duration of their stay, or otherwise requires care;
3. fails to pay the invoices presented within a reasonable period (3 days) of the due date.

15.6 If the fulfilment of the contract becomes impossible due to an event that can be considered force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.) makes it impossible to fulfil the contract, the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered terminated by law or the accommodation provider is released from their accommodation obligation. Any claims for damages, etc. by the contracting party are excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during their stay at the accommodation, the accommodation provider shall arrange for medical care at the guest's request. In case of imminent danger, the accommodation provider shall arrange for medical care even without the guest's specific request, in particular if this is necessary and the guest is unable to do so himself.

16.2 As long as the guest is unable to make decisions or the guest's relatives cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest's expense. However, the scope of these care measures shall end at the point in time when the guest is able to make decisions or the relatives have been notified of the illness.

16.3 The accommodation provider shall be entitled to claim compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:

1. outstanding medical expenses, costs for patient transport, medication and medical aids
2. necessary room disinfection,
3. linen, bedding and bedding equipment that has become unusable, otherwise for the disinfection or thorough cleaning of all these items,
4. restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death, room rental, insofar as the room was used by the guest, plus any days during which the rooms were unusable due to disinfection, clearance, etc.,
5. any other damage incurred by the accommodation provider.

§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance is the location of the accommodation provider.

17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) and UN sales law.

17.3 The exclusive place of jurisdiction for bilateral business transactions between entrepreneurs is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other local and competent court.

17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for legal action against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise specified in the above provisions, a period shall commence upon delivery of the document stipulating the period to the contracting party who is required to observe the period. When calculating a period determined by days, the day on which the event or occurrence that determines the start of the period falls is not included. Periods determined by weeks or months refer to the day of the week or month that corresponds in name or number to the day from which the period is to be counted. If this day does not exist in the month, the last day of that month shall be decisive.

18.2 Declarations must be received by the other contracting party on the last day of the period (midnight).

18.3 The accommodation provider is entitled to offset the contractual partner's claims against its own claims. The contracting party is not entitled to offset its own claims against claims of the accommodation provider, unless the accommodation provider is insolvent or the claim of the contracting party has been established by a court of law or recognised by the accommodation provider.

18.4 In the event of loopholes in the regulations, the relevant statutory provisions shall apply.