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Terms and conditions of contracts for
accommodation (extract)
Conclusion of contract – Down payment in accordance with § 3
3.1 The contract for accommodation comes about when the accommodation
provider accepts the order from the contracting party. Electronic declarations
count as having been received when the party for whom they are
intended can access them under normal conditions and access takes place
during the accommodation provider’s published business hours.
3.2 The accommodation provider is entitled to conclude the contract
for accommodation on condition that his contracting party makes a
down payment. In this case the accommodation provider is obliged
to make the contracting party aware of the requirement for a down
payment before the written or verbal order is accepted. If the contracting
party declares his agreement to the down payment (in writing or
verbally), the contract for accommodation shall come into existence
at the time when the contracting party’s statement of his agreement
to the down payment reaches the accommodation provider.
3.3 The contracting party is obliged to pay the down payment at the latest
7 days (receipt) prior to taking up the accommodation. The costs
of the financial transaction (e.g. transfer fees) are to be borne by the
contracting party. Credit and debit card transactions are subject to
the respective terms of the companies issuing the cards.
3.4 The down payment is a part payment of the agreed remuneration.
Start and end of the accommodation in accordance with § 4
4.1 Unless the accommodation provider offers any other occupancy time,
the contracting party shall have the right to occupy the rented rooms
from 16.00 on the agreed date (“day of arrival”).
4.2 If a room is occupied for the first time before 06.00, then the previous
night shall count as the first night of occupancy.
4.3 The rented rooms must be vacated by the contracting party by 12.00 on
the day of departure. The accommodation provider is entitled to charge
for a further day if the rented rooms are not vacated in time.
Withdrawal from the contract for accommodation – Cancellation fee
in accordance with § 5
Withdrawal by the accommodation provider
5.1 If the contract for accommodation provides for a down payment and
this has not been paid by the contracting party by the stipulated time,
the accommodation provider may withdraw from the contract for
accommodation without setting a grace period.
5.2 If the guest does not appear by 18.00 on the agreed day of arrival,
then no obligation to provide accommodation shall exist unless a later
arrival time has been agreed.
5.3 However, if the contracting party has made a down payment (see
3.3), then the rooms shall be reserved until 12.00 on the day following
the agreed day of arrival at the latest. If more than four days have
been paid for in advance, the obligation to provide accommodation
shall expire from 18.00 on the fourth day, with the day of arrival
being counted as the first day, unless the guest notifies the accommodation
provider of a later day of arrival.
5.4 Up to 3 months prior to the contracting party’s agreed day of arrival
REGULATIONS OF THE AUSTRIAN HOTEL INDUSTRY
at the latest, the contract for accommodation may be cancelled by the
accommodation provider for objectively justifiable reasons by means
of a unilateral declaration unless anything different has been agreed.
Withdrawal by the contracting party – Cancellation fee
5.5 Up to 3 months prior to the guest’s agreed day of arrival at the latest,
the contract for accommodation may be cancelled by the contracting
party by means of a unilateral declaration without a cancellation fee
having to be paid.
5.6 Apart from the period specified in § 5.5, a withdrawal by means of a
unilateral declaration by the contracting party is only possible subject
to the payment of the following cancellation fees:
- up to 1 month prior to the day of arrival 40% of the total agreed price;
- up to 1 week prior to the day of arrival 70% of the total agreed price;
- in the last week prior to the day of arrival 90% of the total agreed price.
Provision of alternative accommodation in accordance with § 6
6.1 The accommodation provider may make suitable alternative accommodation
(of the same quality) available to the contracting party or the
guests if the contracting party is agreeable to this, in particular when
the difference is negligible and objectively justified.
6.2 Objective justification exists for example if the room(s) has (have) become
unusable, guests who have already been accommodated extend
their stay, an over-booking has taken place or other important
business measures make this step necessary.
6.3 Any additional costs of the alternative accommodation shall be at the
expense of the accommodation provider.
Place of performance, place of jurisdiction and choice of law in
accordance with § 17
17.1 The place of performance is the place in which the accommodation
establishment is located.
17.2 This contract is subject to Austrian procedural and material law with
the exclusion of the provisions of international private law (in particular
the Austrian Act on International Private Law [IPRG] and the
1980 Rome Convention) and the UN Convention on Contracts for the
International Sale of Goods.
17.3 If both parties to the contract are companies, the sole place of jurisdiction
shall be the domicile of the accommodation provider, whereby
the accommodation provider shall also be entitled to assert his rights
before any other court which has competence for the location and the
matter.
17.4 If the contract for accommodation has been concluded with a contracting
party who is a consumer whose domicile or normal place
of residence is in Austria, actions against the consumer may only be
filed at the domicile, the normal place of residence or the place of
employment of the consumer.
The General Terms and Conditions of Business of the Austrian Hotel Industry
(AGBH 2006) are available at:
www.hotelverband.at/down/AGBH_061115.pdf
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