GENERAL TERMS AND CONDITIONS*
Version of December 2021
*This version is a translation form the German original. In case of doubts, the German GTC (= AGB) apply.
§ 1 SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as GTC) govern the mutual rights and obligations between the Proprietor and the Guest.
1.2 These GTC shall not affect the right to conclude special agreements. Insofar as a special agreement concluded with the Guest contradicts the GTC, this special agreement shall take precedence over the GTC. The provisions of these GTC that are not affected by the special agreement shall remain in full force and effect.
§ 2 DEFINITIONS OF TERMS
“Proprietor”: means a natural or legal person who accommodates Guests for remuneration.
“Guest”: is a natural person who makes use of accommodation. The guest is usually also the contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) shall also be deemed to be guests.
“(Contracting) party”: means a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “Entrepreneur”: the terms shall be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Agreement”: means the agreement concluded between the Proprietor and the Party, the contents of which are set out in more detail below.
§ 3 CONCLUSION OF CONTRACT AND DOWN PAYMENT
3.1 The Accommodation Agreement shall be concluded upon payment of the Party’s invoice to the Proprietor. The acceptance shall take the form of a separate written booking and payment confirmation which shall not be sent automatically by the respective booking platform but directly by the Proprietor and which expressly confirms the conclusion of the Accommodation Agreement. Electronic declarations shall be deemed received if the party for whom they are intended can retrieve them under normal circumstances.
3.2 The agreed remuneration shall be paid in full promptly after invoicing.
3.3 Which services have been contractually agreed can be seen from the information in the invoice. Catalogue or list prices quoted are inclusive prices and include value added tax (VAT).
3.4 Under certain circumstances (for example in the case of long-term stays), the accommodation contract may also be concluded by payment of a deposit.
3.5 The contracting partner is obliged to pay the deposit promptly after receipt of the invoice. The costs of the money transaction (e. g. transfer charges) shall be borne by the contracting partner. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.6 The down payment is a partial payment on the agreed fee.
3.7 A refund or reduction for services agreed but not used shall be excluded.
3.8 The Proprietor shall be entitled to demand a security deposit. This deposit shall be paid together with the remuneration promptly upon receipt of the invoice. This deposit shall be returned to the Party no later than 3 days after the end of the Accommodation Agreement, provided that no damage was caused by the Party during the accommodation period. If damage is caused by the contracting party or objects are stolen, this deposit shall serve to cover the costs. Any difference shall be credited to or claimed from the Party.
§ 4 BEGINNING AND END OF THE ACCOMMODATION
4.1 Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to occupy the rented rooms as from 3 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 shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 11 a.m. on the day of departure. The Proprietor shall be entitled to charge for an additional day if the rented rooms are not vacated in due time.
§ 5 WITHDRAWAL FROM THE ACCOMMODATION CONTRACT – CANCELLATION FEE
Cancellation by the Proprietor
5.1 The Proprietor may unilaterally terminate the Accommodation Agreement for objectively justified reasons no later than 1 month before the agreed date of arrival of the Party.
Cancellation by the Party – Cancellation Fee
5.2 The Accommodation Agreement may be terminated by unilateral declaration of the Party without payment of a cancellation fee no later than 60 days before the agreed date of arrival of the Guest.
5.3 Outside the period stipulated in § 5.4, a cancellation by unilateral declaration of the Party shall only be possible upon payment of the following cancellation fees:
- 59–31 days before the day of arrival: 20 % of the total arrangement price;
- 30–15 days prior to the date of arrival: 40 % of the total package price;
- 14–7 days prior to arrival: 60 % of the total package price;
- less than 7 days before the date of arrival: 80 % of the total package price.
Impediments to arrival
5.4 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e. g. extreme snowfall, floods etc.) which demonstrably render all means of arrival impossible (the burden of proof shall lie with the Party), the Party shall not be obliged to pay the agreed remuneration for the days of arrival. However, the Party shall be obliged to inform the Proprietor as soon as possible of the occurrence of such an event.
5.5 The obligation to pay the remuneration for the booked stay shall be revived from the time of arrival if the arrival becomes possible again within three days.
§ 6 PROVISION OF SUBSTITUTE ACCOMMODATION
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of similar quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 RIGHTS OF THE CONTRACTING PARTY
7.1 By entering into the Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are accessible to the guests for use in the customary manner and without special conditions, and to the customary service.
7.2 The Party shall exercise its rights in accordance with the Guest Rules (House Rules).
§ 8 OBLIGATIONS OF THE CONTRACTING PARTY
8.1 The contracting party shall be obliged to pay the agreed remuneration promptly after invoicing (received no later than 3 days after invoicing). If additional amounts are incurred during the accommodation due to separate use of services by the Party and/or the accompanying guests, such additional amounts shall also be paid promptly plus statutory VAT.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the exchange rate of the day, if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as enquiries with credit card companies etc. The Party shall be liable for any costs incurred in connection therewith.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or any other persons who accept the Proprietor's services with the knowledge or will of the Party.
8.4 The contracting party undertakes to use the flat and its furnishings exclusively for residential purposes. The contracting party undertakes to treat the flat and its furnishings with care. Any use deviating from the residential purpose (e. g. events, offering of services) is expressly prohibited or requires the consent of the Proprietor.
§ 9 RIGHTS OF THE PROPRIETOR
9.1 If the Party refuses to pay the remuneration, the Accommodation Agreement shall not be concluded. The Proprietor shall not be obliged to grant access to the Party or may deactivate the Party’s access code.
9.2 If the Party is in arrears with the payment, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB (General Civil Code) and the statutory right of lien pursuant to Section 1101 ABGB (General Civil Code) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien as security for its claim under the Accommodation Agreement and for any claims for damages of any kind.
9.3 Any use of the rooms let to the Guest deviating from the Agreement shall entitle the Proprietor to terminate the contractual relationship without notice without reducing the claim to the agreed remuneration.
9.4 The Proprietor shall be entitled to invoice or interim invoice his performance at any time.
§ 10 OBLIGATIONS OF THE PROPRIETOR
The Proprietor shall be obliged to render the agreed services to an extent corresponding to his standard.
§ 11 LIABILITY OF THE PROPRIETOR FOR DAMAGE TO PROPERTY BROUGHT INTO THE ACCOMMODATION
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The liability shall only apply if the items have been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor is unable to prove this, he shall be liable for his own fault or the fault of his staff as well as of the persons leaving and entering the premises. Pursuant to § 970 para. 1 ABGB (Austrian Civil Code), the accommodation provider shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time. If the Party or the Guest does not immediately comply with the Proprietor’s request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the Proprietor. Furthermore, only a subsidiary liability of the Proprietor shall apply. Any fault of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the Party shall bear 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 Proprietor shall not be liable for valuables, jewellery, money, securities and vehicles. The Proprietor shall only be liable for damage in the event that he/she has personally taken over these items for safekeeping in the knowledge of their condition or in the event that the damage was caused by him/herself or his/her staff. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse the safekeeping of valuables, money and securities if the items in question are considerably more valuable than the items usually given into safekeeping by the Guests of the accommodating establishment concerned.
11.5 In any case of assumed safekeeping, liability shall be excluded if the Party and/or Guest fails to notify the Proprietor without undue delay of the damage incurred upon becoming aware thereof. Moreover, such claims shall be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.
11.6 Items deposited in a room safe by the Party itself shall not be deemed to have been handed over to the Proprietor. Only valuables which are personally handed over to the Proprietor and confirmed by means of a protocol which both parties receive and sign shall be deemed to have been handed over for safekeeping.
§ 12 LIMITATIONS OF LIABILITY
12.1 If the Party is a consumer, the Proprietor shall not be liable for slight negligence, except for personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor shall not be liable for slight and gross negligence. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the interest in trust.
12.3 In case of free transport of persons and luggage, the Proprietor’s liability for personal injury and property damage shall be limited to the statutory motor vehicle insurance. Liability for losses and delays shall be excluded entirely. The Proprietor shall be indemnified and held harmless by the Party.
12.4 The use of the flat and its furnishings shall take place in a manner and to an extent intended for this purpose and shall be at the Party’s own responsibility and risk. Apparently damaged equipment or furniture shall be reported to the Proprietor without delay and shall not be used any further for safety reasons.
12.5 The Proprietor shall not be liable for any damage caused by force majeure, natural disasters, acts of war, strikes, epidemics, pandemics and other cases of force majeure.
§ 13 KEEPING OF ANIMALS
13.1 Animals may only be brought into the accommodating establishment with the prior consent of the Proprietor and against special remuneration.
13.2 The Party bringing an animal shall be obliged to keep or supervise the animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
13.3 The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation payments to be made by the Proprietor to third parties.
13.5 Animals shall not be allowed to stay in sleeping areas, in particular on beds.
§ 14 EXTENSION OF THE ACCOMMODATION
14.1 The Party shall not be entitled to have its stay extended. If the Party gives notice of its wish to extend the stay in due time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall not be obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e. g. extreme snowfall, floods), all possibilities of departure shall be blocked or unusable, the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the Party is unable to make full use of the services offered by the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to demand at least the fee that corresponds to the price usually charged.
§ 15 TERMINATION OF THE ACCOMMODATION CONTRACT – EARLY TERMINATION
15.1 If the Accommodation Agreement has been concluded for a fixed term, it shall terminate upon expiry of the term.
15.2 If the Party departs early, the Proprietor shall be entitled to retain the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilisation of its service offer or what it has obtained by letting the booked rooms to other parties. A saving shall only be deemed to exist if the accommodation provider is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.
15.3 The death of a Guest shall terminate the Agreement with the Proprietor.
15.4 If the Accommodation Agreement was concluded for an indefinite period of time, the Parties may terminate the Agreement until 10 a.m. of the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest
a) makes a considerably disadvantageous use of the Premises or, by his inconsiderate, offensive or otherwise grossly improper behaviour, makes living together with the other Guests, the Owner, his staff or third parties residing in the building of the accommodating establishment unpleasant or is guilty of a punishable offence against property, morality or physical safety towards these persons;
b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
15.6 If the performance of the Agreement becomes impossible due to an event deemed to be force majeure (e. g. acts of God, strike, official orders), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
§ 16 ILLNESS OR DEATH OF THE GUEST
16.1 If a Guest falls ill during his/her stay in the accommodating establishment, the Proprietor shall provide medical care upon request of the Guest. In case of imminent danger, the Proprietor shall arrange for medical care even without the specific request of the Guest, in particular if this is necessary, the Guest is not able to do so himself/herself and the Proprietor is aware of the Guest’s condition.
16.2 As long as the Guest is not able to make decisions or the relatives of the Guest cannot be contacted, the Proprietor shall arrange for medical treatment at the expense of the Guest. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors in particular for the following costs:
a) outstanding medical costs, costs for ambulance transport, medication and medical aids,
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets etc., insofar as these have been contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the premises were occupied by the guest, plus any days of unusability of the rooms due to disinfection, evacuation or the like
f) any other damages incurred by the accommodation provider.
§ 17 PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND CHOICE OF LAW
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor; the Proprietor shall furthermore be entitled to assert its rights at any other local and competent court.
17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its place of residence or habitual abode in Austria, actions 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 contracting party who is a consumer and has his 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 place of residence of the consumer shall have exclusive jurisdiction for actions against the consumer.
§ 18 OTHER
18.1 Unless the above provisions provide otherwise, the running of a time limit begins with the delivery of the document setting the time limit to the contracting party, who must observe the time limit. If a period is calculated in days, the day in which the point in time or the event falls on which the beginning of the period is to be based shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month is decisive.
18.2 Declarations shall be received by the other Party on the last day of the term (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against the Party’s claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been determined by a court or recognised by the Proprietor.
18.4 In the event of any loopholes, the relevant statutory provisions shall apply.
18.5 Information of any kind shall be provided to the best of the Proprietor’s knowledge, but without guarantee.
18.6 Lost property shall only be forwarded upon request against reimbursement of costs. The Proprietor undertakes to keep the items for up to 3 months. After this period, they will be disposed of.
18.7 Messages, mail and consignments of goods for the guests shall be handled with care. Upon request and against payment, the Proprietor shall undertake the storage, delivery or forwarding of the same. However, liability for loss, delay or damage is excluded.
18.8 The right to correct errors as well as printing and calculation errors is reserved.
18.9 Oral agreements shall only become effective if they have been confirmed in writing by the Proprietor.
18.10 Should any of the above provisions be invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to it.
