GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Version of 15.11.2006 Table of contents

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 as amended on September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to agreements made in detail.​​​​​​​

2 Definitions of Terms
2.1 Definitions:
"Proprietor": is a natural or legal person who accommodates guests in return for payment.
"Guest": is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. The term "guest" also includes those persons who travel with the contracting party (e.g. family members, friends, etc.).
"Party": means a natural or legal person, domestic or foreign, 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": Shall mean the contract concluded between the Proprietor and the Party, the content of which shall be regulated in more detail below.

3 Conclusion of Contract - Deposit
3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed received if the Party for which they are intended can retrieve them under ordinary circumstances and the receipt takes place during the Proprietor's announced business hours.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In such case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt by the Proprietor of the Party's declaration of consent to the payment of the down payment.
3.3 The Party shall be obliged to pay the deposit no later than 7 days (received) prior to the Accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The deposit is a partial payment on the agreed fee.

4 Start and end of accommodation
4.1 The Party shall have the right to move into the rented rooms as of 4:00 p.m. of the agreed day ("arrival day"), unless the Proprietor offers a different reference time.
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon 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 Agreement - Cancellation Fee
Cancellation by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest fails to appear by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to accommodate the Guest unless a later date of arrival has been agreed.
5.3 If the contracting party has made an advance payment (see 3.3), on the other hand, the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In case of advance payment of more than four days, the accommodation obligation shall end at 6 p.m. of the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest gives notice of a later day of arrival.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by unilateral declaration no later than 3 months before the agreed date of arrival of the Party, unless otherwise agreed.
Withdrawal by the contracting party - cancellation fee
5.5 Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract may be cancelled by the contracting party by unilateral declaration without payment of a cancellation fee.
5.6 Outside the period stipulated in § 5.5, cancellation by unilateral declaration of the Party shall only be possible upon payment of the following cancellation fees: - up to 1 month before the arrival date 40% of the total package price; - up to 1 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.
5.7 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.), the Party shall not be obliged to pay the agreed fee for the days of arrival. 5.8 The obligation to pay 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 and/or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, especially 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, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.

7 Rights of the Contractual Partner
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are customarily and without special conditions accessible to the guests for use, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).

8 Obligations of the Contractual Partner
8.1 The Party shall be obligated to pay the agreed remuneration plus any additional amounts incurred due to separate use of services by the Party and/or the Guests accompanying the Party plus statutory VAT no later than at the time of departure.
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 costs in connection therewith, such as
inquiries with credit card companies, telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor's services with the knowledge or will of the Party.

9 Rights of the Proprietor
9.1 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 of the Austrian Civil Code (ABGB) on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for damages of any kind.
9.2 If service is requested in the Party's room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be indicated on the room rate table. The Proprietor may also refuse these services for operational reasons.
9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.

10 Duties of the Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 Special services of the Proprietor which are subject to marking out and which are not included in the accommodation fee are exemplary: a)special accommodation services which may be charged separately, such as the provision of lounges, sauna, swimming pool, solarium, garaging, etc.; b) a reduced price shall be charged for the provision of additional beds or cribs.

11 Haftung des Beherbergers für Schäden an eingebrachten Sachen
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 Proprietor shall only be liable if the items have been handed over to the Proprietor or the persons authorized by the Proprietor or have been brought to a place instructed or designated by the Proprietor. If the Proprietor fails to furnish proof, the Proprietor shall be liable for its own fault or the fault of its people as well as of the persons leaving and arriving. The Proprietor shall be liable pursuant to Section 970 (1) ABGB 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 fails to 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 respective Proprietor. Any fault on the part of the contracting 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 only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding the aforementioned amount if the Proprietor has accepted such items for safekeeping knowing their condition or if the damage was caused by the Proprietor or one of its employees. 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 those usually given into safekeeping by 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 as of knowledge thereof. Moreover, such claims shall be asserted in court within three years from knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall be extinguished.

12 Limitations of liability
12.1 If the Party is a Consumer, the Proprietor's liability for slight negligence shall be excluded, with the exception of personal injury.
12.2 If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.

13 Animal husbandry
13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and, if applicable, against special remuneration.
13.2 The Party taking an animal with it shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its expense.
13.3 The contractual partner or guest who takes an animal with him must have a corresponding animal liability insurance or a 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 and/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 those compensation payments of the Proprietor which the Proprietor is obliged to make to third parties.
13.5 Animals shall not be allowed to stay in the lounges, social rooms, restaurant rooms and wellness areas.

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.