General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006)

Version of 15.11.2006

§ 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 exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

§ 2 Definitions of terms

Accommodation provider: Natural or legal person who accommodates guests for a fee.

Guest: A natural person who uses accommodation. The guest is usually also the contractual partner. Guests also include persons traveling with the contractual partner (e.g., family members, friends, etc.).

Contracting party: Natural or legal person who concludes an accommodation contract as a guest or for a guest.

Consumer and entrepreneur: terms within the meaning of the Consumer Protection Act 1979 as amended.

Accommodation contract: contract between the accommodation provider and the contractual partner.

§ 3 Conclusion of contract – down payment

3.1 The accommodation contract is concluded upon the accommodation provider's acceptance of the contracting party's order. Electronic declarations are deemed to have been received if the party to whom they are intended can access them under normal circumstances and if access occurs during the accommodation provider's announced business hours.

3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the deposit before accepting the reservation. The contract is concluded upon consent to the deposit.

3.3 The deposit must be paid no later than 7 days before the accommodation. The transaction costs are borne by the contracting party.

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

§ 4 Start and end of accommodation

4.1 Unless another check-in time has been agreed, the Contracting Party may move into the rented premises from 4:00 p.m. on the day of arrival.

4.2 If a room is occupied before 6:00 a.m., the previous night shall be considered the first night.

4.3 The rented rooms must be vacated by 12:00 noon on the day of departure, otherwise an additional day may be charged.

§ 5 Withdrawal from the accommodation contract – cancellation fee

Withdrawal by the accommodation provider

5.1 If an agreed deposit is not paid on time, the accommodation provider may withdraw from the contract without granting a grace period.

5.2 If the guest does not arrive by 6:00 p.m. on the day of arrival, the obligation to provide accommodation shall cease to apply unless a later time has been agreed.

5.3 If a deposit has been paid, the rooms will remain reserved until 12:00 noon the following day at the latest. If more than four days' advance payment is made, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day.

5.4 The accommodation contract may be terminated unilaterally for objectively justified reasons up to 3 months before the date of arrival at the latest.

Withdrawal by the contractual partner – cancellation fee

5.5 The contract can be terminated by the contracting party without cancellation fee up to 21 days before arrival at the latest.

5.6 Thereafter, the following cancellation fees apply:

- Up to 2 weeks before arrival 25% of the total price

- Up to 1 week before arrival 50% of the total price

- Less than 1 week before arrival 75% of the total price

Obstacles to arrival

5.7 If arrival is impossible due to exceptional circumstances (e.g. snowfall, flooding), the obligation to pay for the days of arrival shall be waived.

5.8 If arrival is possible within three days, the obligation to pay will revive.

§ 6 Provision of alternative accommodation

6.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodation (of the same quality) if this is reasonable.

6.2 An objective justification exists in particular if the room has become unusable, other guests have extended their stay or there is an overbooking.

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

§ 7 Rights of the contractual partner

7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms and the generally accessible facilities of the establishment. Use shall be subject to the hotel's or guest's guidelines.

§ 8 Obligations of the contractual partner

8.1 The contracting party must pay the agreed fee as well as additional costs and taxes no later than upon departure.

8.2 The accommodation provider is not obligated to accept foreign currencies or cashless payment methods. If the accommodation provider does so, the contracting party shall bear all associated costs.

8.3 The contracting party is liable for damages caused by himself, the guest or other persons with his knowledge.

§ 9 Rights of the accommodation provider

9.1 If the contractual partner refuses to pay or defaults on payment, the accommodation provider has a statutory right of retention (Section 970c of the Austrian Civil Code (ABGB)) and a statutory lien (Section 1101 of the Austrian Civil Code (ABGB)) on items brought into the accommodation.

9.2 The accommodation provider may charge a special fee for services provided in the room or at exceptional times (after 8 p.m. or before 6 a.m.), provided this is indicated in advance.

9.3 The accommodation provider has the right to issue interim invoices for its 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 that corresponds to its standards.

10.2 Special services not included in the accommodation fee must be listed separately. Examples:

Provision of salons, sauna, indoor pool, solarium, garage, etc.

Extra beds or children's beds at a reduced price.

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

11.1 The accommodation provider is liable for items brought into the accommodation pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) if these have been handed over or taken to a specific location. Liability is limited to the legally stipulated maximum amounts. Liability is excluded if the contractual partner fails to fulfill their obligation to deposit the items.

11.2 There is no liability for minor negligence. Liability for entrepreneurs is also excluded in cases of gross negligence. No liability is assumed for consequential damages or lost profits.

11.3 The accommodation provider is only liable for valuables, money and securities up to a maximum of €550, unless these were knowingly taken into custody or the damage was caused by the accommodation provider or staff.

11.4 The safekeeping of such items may be refused if their value is unusually high.

11.5 An obligation to pay damages shall only exist if the claim is reported immediately and brought before a court within three years.

§ 12 Limitations of Liability

12.1 For consumers, liability for slight negligence (except for personal injury) is excluded.

12.2 For entrepreneurs, liability for slight and gross negligence is excluded. The contractual partner bears the burden of proof. No liability is assumed for consequential damages, immaterial damages, or lost profits. The obligation to pay compensation is limited to the legitimate interest.

§ 13 Animal husbandry

13.1 Animals may only be brought into the accommodation facility with prior consent and, if applicable, for a fee.

13.2 The contracting party must ensure that the animal is properly kept or supervised.

13.3 Pet liability insurance or equivalent personal liability insurance is required. The accommodation provider may request proof of this.

13.4 The Contracting Party or its insurer shall be jointly and severally liable for damage caused by animals, including compensation paid by the Accommodation Provider to third parties.

13.5 Animals are not permitted in salons, social areas, restaurants or wellness areas.

§ 14 Extension of accommodation

14.1 There is no entitlement to an extension of the stay. If the request for an extension is expressed in a timely manner, the accommodation provider may agree – but is not obligated to do so.

14.2 If the contractual partner is unable to depart on the day of departure due to extraordinary circumstances (e.g., snowfall, flooding), the accommodation contract shall be automatically extended. A fee reduction is only possible if the offered services cannot be fully utilized. The accommodation provider may, at a minimum, charge the off-season rate.

§ 15 Termination of the accommodation contract – Early termination

15.1 A fixed-term contract ends upon expiry of the term.

15.2 In the event of early departure by the Party, the Accommodation Provider may demand full payment, less any savings or income from subletting. The burden of proof of such savings rests with the Party.

15.3 The contract ends upon the death of the guest.

15.4 In the case of an indefinite contract, termination is possible until 10:00 a.m. on the third day before the end of the contract.

15.5 The accommodation provider may terminate the contract with immediate effect for good cause, in particular if the contracting party:

uses the premises in a significantly detrimental manner or behaves inappropriately,

suffers from a contagious or long-term illness,

does not pay outstanding invoices despite reminders.

15.6 If the fulfillment of the contract becomes impossible due to force majeure (e.g., natural disasters, official measures), the accommodation provider may terminate the contract without notice. Claims for damages are excluded.

§ 16 Illness or death of the guest

16.1 In the event of illness, the accommodation provider shall provide medical care at the request of the guest or in cases of imminent danger.

16.2 If the guest is unable to make decisions, the accommodation provider will undertake the necessary measures at the guest's expense until relatives have been informed or the guest is able to make their own decisions.

16.3 The accommodation provider is entitled to compensation for:

Medical costs, ambulance services, medication, medical aids,

Disinfection of rooms, damaged equipment,

Room rent during use and, if applicable, blocking period,

other damages caused by the illness/death.

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

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

17.2 Austrian substantive and formal law shall apply, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.

17.3 In the case of entrepreneurs, the court at the registered office of the accommodation provider shall have jurisdiction, but the accommodation provider may also appeal to other competent courts.

17.4 For consumers residing in Austria, the court at the consumer’s place of residence, habitual abode or place of employment shall have exclusive jurisdiction.

17.5 For consumers from the EU (except Austria), Iceland, Norway or Switzerland, the court of the consumer’s place of residence shall also have jurisdiction.

§ 18 Miscellaneous

18.1 Time limits begin upon service of the relevant document. For daily time limits, the day of the triggering event is not included. For monthly time limits, the corresponding calendar day counts; in the absence of a calendar day, the last day of the month applies.

18.2 Declarations must be received by the contractual partner by midnight on the last day of the period at the latest.

18.3 The Accommodation Provider may offset its own claims against claims of the Contracting Party. The Contracting Party may only offset if its claim has been acknowledged, established by a court, or if the Accommodation Provider is insolvent.

18.4 In the event of any gaps in the provisions, the statutory provisions shall apply.

Cancellation conditions

• Free cancellation up to 3 weeks before arrival
• Up to 2 weeks before arrival 25% of the total price
• Up to 1 week before arrival 50% of the total price
• Less than 1 week before arrival 75% of the total price

According to Section 18 Paragraph 1 Item 10 FAGG, there is no right of withdrawal for bookings of accommodation services, as the contract stipulates a specific period. Our cancellation conditions, which are stated at the time of booking, apply.