§ 1. General
The (general) Austrian Hotel Contract Conditions represent the contractual content to which the Austrian hoteliers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.
§ 2 contracting party
(1) In case of doubt, the purchaser of the accommodation provider shall be the purchaser, even if he has ordered or co-ordered for other named persons.
(2) The persons claiming accommodation are guests in the sense of the contract conditions.
§ 3 contract, deposit
(1) The accommodation contract is usually concluded by the acceptance of the written or oral order of the guest by the hotelier.
(2) It can be agreed that the guest makes a down payment.
§ 4 Beginning and end of accommodation
(1) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
(2) If the guest has made a deposit, the room (s) will remain (remain) until 12 o'clock the following day.
(3) The rented rooms are to be vacated by the guest on the day of departure until 10 o'clock.
§ 5 Resignation from the accommodation contract
(1) No later than one week before the agreed date of arrival of the guest, the accommodation contract may be terminated without payment of a cancellation fee by both contracting parties by unilateral declaration. The cancellation must be in the hands of the contracting party at the latest one week before the agreed date of arrival of the guest.
(2) Up to one week before the agreed date of arrival of the guest, the accommodation contract can be canceled by both contracting parties by unilateral declaration, however, a cancellation fee is to be paid in the amount of the total amount.
(3) Even if the guest has the rooms ordered, he is obliged to pay the agreed fee to the hotelier.
(4) The hotelier is obliged to make an effort to re-rent the unused rooms in accordance with the circumstances
(§ 1107 ABGB). The cancellation conditions stated in paragraphs 1, 2, and 5 are a non-binding association recommendation within the meaning of §§ 31ff Antitrust Law, which was notified to the OLG Vienna as an antitrust court at 26 Kt 79/03.
§ 6 Provision of a substitute accommodation
(1) The hotelier may provide the guest with adequate substitute accommodation if this is reasonable for the guest, in particular because the deviation is insignificant and objectively justified.
(2) A factual justification is given, for example, if the room (s) have become unusable, guests already accommodated extend their stay or other important operational measures necessitate this step.
(3) Any additional expenditures for the replacement accommodation shall be at the expense of the accommodation
§ 7 Rights of the guest
(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 accessible to the guests for use and without any special conditions, and the usual operation.
(2) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
§ 8 Obligations of the guest
(1) Before the start and upon handover of the key, the agreed fee must be paid.
(2) The damage caused by the guest is subject to the provisions of the law on damages. Therefore, the guest is liable for any damage or disadvantage suffered by the hotelier or third parties due to his fault or the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to compensation directly to claim the hotelier.
§ 9 Rights of the accommodation provider
(1) If the guest refuses to pay the conditional fee or is in arrears, the owner of the accommodation establishment has the right to retain the items brought in order to secure his claim for accommodation and meals as well as his expenses for the guest. (§ 970 c ABGB legal right of retention.)
(2) The hotelier has the lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB legal lien of the accommodation provider).
(3) If the service is requested in the guest's room or at exceptional times of day, the hotelier is entitled to demand a special fee for this; however, this special fee is to be distinguished on the room price table. He can also refuse these services for operational reasons.
§ 10 Duties of the accommodation provider
(1) The hotelier is obligated to render the agreed services to a standard which corresponds to the standard.
(2) Special services of the hotelier which are subject to a mark and are not included in the accommodation charge:
a) Special accommodation services, which can be charged separately, such as the provision of salons, sauna and indoor pool, swimming pool, solarium, storey bath, garage, etc.
b) A reduced price will be charged for the provision of extra beds or cots.
(3) The excellent prices have to be inclusive prices.
§ 11 Liability of the accommodation provider for damages
(1) The hotelier is liable for any damage suffered by a guest, if the damage occurred within the framework of the establishment and if he or his employees are at fault.
§ 12 animal husbandry
(1) Animals may only be brought to the tourist accommodation after prior authorization and, if necessary, for a special fee. In the salons, company and restaurant rooms, animals must not stay.
(2) The guest is liable for the damage caused by the animals brought along, in accordance with the statutory provisions applicable to the animal keeper (§ 1320 ABGB).
§ 13 Extension of accommodation
An extension of the stay by the guest requires the consent of the accommodation provider.
§ 14 Termination of accommodation
(1) If the accommodation contract has been agreed for a certain period of time, it will end with the passage of time. If the guest leaves prematurely, the hotelier is entitled to demand the full agreed fee. However, it is the responsibility of the hotelier to make an effort to rent the unused spaces elsewhere, according to the circumstances. Otherwise, the provision in § 5 (5) applies mutatis mutandis (deduction percentages).
(2) The death of a guest ends the contract with the hotelier.
(3) If the guest does not vacate his room by 10 am, the hotelier is entitled to charge the room price for another day.
(4) The hotelier is entitled to dissolve the accommodation contract with immediate effect if the guest
a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly indecent conduct, disgusts the other roommates from living with one another or faces a punishable offense against property and the people or persons residing in the accommodation establishment; guilty of morality or physical safety;
(b) is infected or in need of care by an infectious or occupational disease;
c) fails to pay the invoice submitted to him on request within a reasonable period.
(5) If the fulfillment of the contract becomes impossible due to an event to be considered force majeure, the contract will be terminated. However, the hotelier is obligated to return the already received fee proportionally, so that he does not draw any profit from the event. (§ 1447 ABGB.)
§ 15 illness or death of the guest in the accommodation establishment
(1) If a guest falls ill during his stay at the tourist accommodation, the hotelier has the obligation to provide medical care if this is necessary and the guest is unable to do so himself.
The hotelier has the following cost claim against the guest or in case of death against his legal successor:
a) any replacement by the guest of unpaid medical expenses;
b) for the required room disinfection, if ordered by the medical officer;
c) if necessary, replacement of the useless linen, bed linen and bed furniture, against delivery 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., if they have been contaminated or damaged in connection with the illness or death;
e) for the room rent, as well as in connection with the illness or the death by temporary inapplicability of the rooms fails (at least three, not more than seven days).
§ 16 Place of performance and place of jurisdiction
(1) Place of performance is the place where the tourist accommodation is located.
(2) For all disputes arising from the accommodation contract, the factual and local court for the accommodation establishment shall be agreed, except:
a) the guest has as a consumer a domicile or place of residence; in this case the place of jurisdiction is the place announced by the guest in the registration;
b) the customer has only one domestic place of employment as a consumer; In this case, this is agreed as the place of jurisdiction.