General Terms and Conditions in accordance with the Austrian Hotel Contract Conditions
Your contractual partner:
Hinterberger GmbH FN367491d
Schwarzenbach 16
A-5360 St. Wolfgang
ATU66664424
Tel. +43 6138 2543-0
Email: office@berau.at
Table of
Contents§ 1
Scope§ 2
Definitions§ 3 Conclusion of Contract – Deposit/No Refund Rate (Hotel); Cancellation protection/No Refund Rate (Camping)
§ 4 Start and end of accommodation§
5 Withdrawal from the accommodation contract – Cancellation
fee§ 6 Provision of alternative accommodation§
7 Rights of the contracting party§
8 Obligations of the contracting party§
9 Rights of the Accommodation Provider
§ 10 Obligations of the Accommodation Provider§
11 Liability of the Accommodation Provider for Damage to Personal
Belongings§ 12 Limitations of
Liability§ 13 Keeping of
Animals§ 14 Extension of
Accommodation§ 15 Termination of the Accommodation Contract – Early
Termination§ 16 Illness or death of the guest during the accommodation contract§
17 Place of performance, jurisdiction and choice of
law§ 18
Miscellaneous§ 1 Scope of application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter
“AGBH 2006”) replace the previous ÖHVB in the version dated 23 September
1981.
1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006
are subsidiary to agreements made on a case-by-case basis.
§ 2 Definitions
2.1 Definitions: “Accommodation provider
”: means a natural or legal person who provides accommodation to guests in return for payment.
“Guest”: means a natural person who makes use of the accommodation. The guest is generally also the contracting party. Persons travelling with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Contracting party”: A natural or legal person, whether domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “Business Customer”: These terms are to be understood within the meaning of the Consumer Protection Act 1979, as amended.
“Accommodation Contract”: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set out in more detail below.
§ 3 Conclusion of Contract – Deposit/No Refund Rate (Hotel); Cancellation Protection/No Refund Rate (Camping)
3.1 The accommodation contract is concluded upon the accommodation provider’s acceptance of the contracting party’s booking. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances and receipt occurs during the accommodation provider’s published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit or the total amount. The contract shall only be deemed binding upon timely receipt of payment (deposit or total amount) by the accommodation provider. If payment is not received within the specified period, the accommodation provider is entitled to withdraw from the contract without giving further reasons.
3.3 The contracting party is obliged to make the agreed payment no later than 14 days (receipt) after receiving the booking confirmation. The costs of the money transfer (e.g. bank charges) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 Deposit:
The deposit amounts to 30% of the total price and shall not exceed €500.
For hotel bookings, any deposit paid shall be treated as a partial payment towards the agreed fee.
3.5 A No Refund Rate is granted exclusively upon full payment of the total amount within the payment period.
- Hotel: 5% discount on a no-refund rate.
- Camping: 5% discount on a no-refund rate.
The No Refund Rate applies only to direct bookings, cannot be combined with other discounts and requires full advance payment of the total amount.
For hotel bookings, any deposit paid counts as a partial payment towards the agreed fee.
Cancellation protection, available only for camping, is an optional service that can be selected but cannot be claimed as a partial payment.
3.6 The rates selected during the booking process (in particular the deposit rate, cancellation protection or No Refund Rate) form a binding part of the accommodation contract.
§ 4 Start and end of the accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to take possession of the rented rooms from 2.00 pm on the agreed day (‘arrival day’).
4.2 If a room is first occupied before 10.00 am, the preceding night shall count as the first night’s stay.
4.3 The contracted party must vacate the rented rooms by 11.00 am on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the agreed time.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the accommodation contract provides for a deposit and the contracting party has not paid the deposit by the due date, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not arrive by 19:00 on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 Up to 3 months before the agreed date of arrival of the contracting party, the accommodation contract may be terminated by the accommodation provider for objectively justified reasons, unless otherwise agreed, by means of a unilateral declaration.
5.4 The following cancellation conditions distinguish between hotel establishments and camping sites. The service booked in each case shall be decisive
Cancellation by the contracting party at “Anna am See”, “B&B Das Franzl” or “Sigismund” – cancellation fee
5.5 In the case of the deposit option:
a) Up to 1 month before the agreed date of the guest’s arrival, the accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee. The deposit already paid will be refunded minus a EUR 10 processing fee;
5.6 Outside the period specified in 5.5(a), withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:
a) In the last 4 weeks [VK1] prior to the agreed arrival date, the entire deposit will be retained;
b) In the last 14 days prior to the agreed arrival date, in the event of a no-show or early departure, the full accommodation fee for the booked period will be charged.
Up to 1 month | In the last 4 weeks | In the last 14 days |
No cancellation fee – refund of the deposit minus a EUR 10 processing fee | 100% of the deposit will be retained | 100% of the total package price will be charged |
5.7 In the case of the No Refund option:
Non-refundable – In the event of cancellation (regardless of when the cancellation is made), no-show or early departure, the total amount will be retained.
5.8 The guest reserves the right to prove that the accommodation provider has incurred no loss or a lesser loss.
Cancellation by the contracting party at the campsite – cancellation fee
5.9 For camping bookings, only the “Cancellation Protection” and “No Refund Rate” tariffs are available. A booking can only be made by selecting one of these tariffs. No other cancellation or withdrawal options are available.
Rate with cancellation protection (deposit of 10% of the total package price):
Cancellation protection constitutes an additional contractual service provided by the accommodation provider, but does not constitute insurance cover.
a) The contracting party may cancel, rebook (where possible) or shorten the stay by 14:00 on the agreed day of arrival at the latest by means of a unilateral declaration, provided that the accommodation provider receives notification in good time. Any additional costs arising from a rebooking shall be borne by the contracting party. In this case, the cancellation protection (10% of the total package price) remains with the accommodation provider; there is no entitlement to a refund.
b) If no cancellation is made by 14:00 on the agreed day of arrival at the latest (‘no-show’), the accommodation provider is entitled to charge for one night’s accommodation in accordance with the booked rate. In this case, the cancellation fee will not be refunded.
By 14:00 on the day of arrival | No cancellation by 14:00 on the day of arrival |
Withholding of cancellation cover (10% of the total package price) by the accommodation provider | Retention of cancellation insurance (10% of the total package price) plus the cost of one night’s accommodation at the booked rate |
Rate with No Refund:
When booking a No Refund rate, unilateral withdrawal by the contracting party without payment of a cancellation fee is excluded.
5.10 In the event of cancellation, no-show or early departure, the full agreed fee will be charged.
5.11 The guest reserves the right to prove that the accommodation provider has incurred no loss or a lesser loss.
5.12 When booking a “No Refund Rate” marked as non-cancellable, the accommodation provider may, in individual cases, voluntarily and without acknowledging any legal obligation, grant the contracting party the option of rebooking. There is no legal entitlement to this. The agreement to rebook does not affect the obligation to pay the originally agreed fee. Any additional costs arising from a rebooking (for example, in the case of a higher rate) shall be borne by the contracting party.
5.13 If arrival on the scheduled day is impossible due to force majeure (e.g. avalanche closures, flooding, extreme weather conditions), the obligation to pay the fee for those days on which arrival is prevented shall lapse. The obligation to pay the fee for the booked stay shall resume as soon as arrival becomes possible again, provided that arrival is possible within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider may provide the contracting party or the guests with suitable alternative accommodation (of the same quality) if this is reasonable for the contracting party, particularly if the deviation is minor and objectively justified.
6.2 Objective justification exists, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is overbooking, or other important operational measures necessitate this step.
6.3 Any additional costs for the alternative accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contracting party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are normally and without special conditions accessible to guests for use, and to the customary service.
The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contracting party
8.1 The contracting party is obliged to pay the agreed fee, plus any additional amounts incurred as a result of separate services used by them and/or their accompanying guests, plus statutory VAT, no later than at the time of departure.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these shall be accepted as payment at the current exchange rate where practicable. Should the accommodation provider accept foreign currencies or non-cash means of payment, the contracting party shall bear all associated costs, such as enquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by the contracting party, the guest or any other persons who, with the knowledge or consent of the contracting party, make use of the accommodation provider’s services.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed fee or is in arrears with payment, the accommodation provider 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) in respect of the items brought in by the contracting party or the guest.
This right of retention or lien shall also be available to the accommodation provider to secure their claim arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.
9.2 If the service is requested in the contracting party’s room or at unusual times of day (after 8.00 pm and before 6.00 am), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The accommodation provider may also refuse to provide these services for operational reasons.
9.3 The accommodation provider is entitled to issue an invoice or interim invoice for their 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 commensurate with their usual standards.
10.2 Examples of special services provided by the accommodation provider that are subject to a separate charge and are not included in the accommodation fee are:
a) special accommodation services that may be invoiced separately, such as the provision of lounges, saunas, indoor swimming pools, swimming pools, solariums, garage parking, etc.;
b) a reduced rate is charged for the provision of extra beds or cots.
§ 11 Liability of the accommodation provider for damage to items
brought onto the premises 11.1 The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought onto the premises by the contracting party. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or to persons authorised by the accommodation provider, or have been taken to a place designated or specified by them for this purpose. Unless the accommodation provider can prove otherwise, the accommodation provider shall be liable for its own fault or the fault of its staff, as well as that of persons entering and leaving the premises. The accommodation provider shall be liable in accordance with Section 970(1) of the Austrian Civil Code (ABGB) up to a maximum of the amount specified in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest fails to comply immediately with the accommodation provider’s request to deposit their belongings in a designated storage area, the accommodation provider shall be released from any liability. The extent of any liability on the part of the accommodation provider shall be limited to the maximum amount of the accommodation provider’s liability insurance cover. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider’s liability is excluded in cases of slight negligence. If the contracting party is a business, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof regarding the existence of fault. Consequential or indirect damages, as well as loss of profit, shall under no circumstances be compensated.
11.3 The accommodation provider is liable for valuables, money and securities only up to the current amount of EUR 550. The accommodation provider is liable for any damage exceeding this amount only if they have accepted these items for safekeeping in full knowledge of their nature, or if the damage was caused by themselves or one of their staff. The limitation of liability pursuant to 12.1 and 12.2 applies mutatis mutandis.
11.4 The accommodation provider may refuse to accept valuables, money and securities for safekeeping if these are significantly more valuable than items which guests of the accommodation establishment in question usually entrust for safekeeping.
11.5 In any case where items have been accepted for safekeeping, liability is excluded if the contracting party and/or guest fails to notify the accommodation provider of the damage immediately upon becoming aware of it. Furthermore, such claims must be brought before the courts within three years of the contracting party or guest becoming aware of the damage or having had the opportunity to become aware of it; otherwise, the right to claim shall lapse.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the burden of proof regarding the existence of fault lies with the contracting party. Consequential damages, non-material damages or indirect damages, as well as loss of profit, shall not be compensated. The damages to be compensated shall in any case be limited to the amount of the interest in reliance.
§ 13 Keeping of Animals
13.1 Animals may only be brought onto the accommodation premises with the prior consent of the accommodation provider and, where applicable, subject to a special fee.
13.2 The contracting party bringing an animal is obliged to keep or supervise this animal properly during their stay, or to have it kept or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest bringing an animal must hold appropriate animal liability insurance or personal liability insurance that also covers any damage caused by animals. Proof of such insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. Such damage shall include, in particular, any compensation the accommodation provider is required to pay to third parties.
13.5 Animals are not permitted in the lounges, communal areas, restaurant areas or wellness facilities.
§ 14 Extension of the stay
14.1 The contracting party has no right to have their stay extended. If the contracting party gives timely notice of their wish to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation establishment on the day of departure because all means of departure are blocked or unusable due to unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is possible only if the contracting party is unable to make full use of the services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price usually charged in the low season.
§ 15 Termination of the accommodation contract – Early termination
15.1 If the accommodation contract was concluded for a fixed term, it shall end upon expiry of that term.
15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider shall deduct any savings made as a result of the non-utilisation of their services or any income received from letting the booked rooms to other guests. A saving shall only be deemed to exist if, at the time of non-utilisation, the accommodation establishment is fully occupied with the rooms booked by the guest and the room can be let to other guests due to the contractual partner’s cancellation. The burden of proof regarding such savings lies with the contracting party.
15.3 The contract with the accommodation provider shall terminate upon the death of a guest.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 am on the third day prior to the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper behaviour makes coexistence with the other guests, the owner, the owner’s staff or third parties residing in the accommodation establishment intolerable, or commits a criminal offence against the property, morality or physical safety of these persons;
b) contracts a contagious disease or an illness lasting beyond the period of accommodation, or otherwise requires nursing care;
c) fails to pay the invoices presented by the due date within a reasonable period (3 days).
15.6 If the performance of the contract is rendered impossible by an event constituting force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract is not already deemed terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages etc. by the contracting party are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall, at the guest’s request, arrange for medical care. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, the scope of these care measures shall cease at the point in time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider shall be entitled to claims for compensation from the contracting 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 patient transport, medication and medical aids
; b) room disinfection that has become necessary;
c) linen, bed linen and bedding that has become unusable, or otherwise for the disinfection or thorough cleaning of all these items;
d) restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
e) room rent, insofar as the guest has occupied the premises, plus any days during which the rooms are unusable due to disinfection, clearance or similar,
f) any other damages incurred by the accommodation provider.
§ 17 Place of performance, venue and choice of law
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract is governed by Austrian substantive and procedural law, to the exclusion of the rules of private international law (in particular the IPRG and the EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral business-to-business transactions, the exclusive place of jurisdiction is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other court with local or subject-matter jurisdiction.
17.4 If the accommodation contract has been concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, legal proceedings against the consumer may be brought exclusively at the consumer’s domicile, habitual residence or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile 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 consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise provided for in the above provisions, the running of a time limit shall commence upon service of the document setting the time limit on the contracting party required to observe it. When calculating a time limit determined by days, the day on which the date or event from which the time limit is to run falls shall not be included. Time limits specified in weeks or months refer to the day of the week or the day of the month which, by its name or number, corresponds to the day from which the time limit is to be counted. If that day does not exist in the month, the last day of that month shall apply.
18.2 Notices must be received by the other contracting party by midnight on the last day of the period.
18.3 The accommodation provider is entitled to set off their own claims against claims made by the contracting party. The contracting party is not entitled to set off their own claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.
18.4 In the event of any omissions in these terms, the relevant statutory provisions shall apply.
18.5 Pursuant to Section 18(1)(10) of the FAGG (Distance and Off-Premises Sales Act), there is no right of withdrawal for this accommodation contract, as a specific time or period is contractually stipulated for the accommodation provider’s performance of the contract. Withdrawal is only possible under the cancellation conditions set out in this contract.