General Terms and Conditions (GTC)
Table of Contents
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
§ 1 Scope of Application
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 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 Brought-in Items
§ 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 in the Accommodation Contract
§ 17 Place of Performance, Jurisdiction and Choice of Law
§ 18 Liability for Items Deposited in Room Safes / Hotel Safes
§ 19 Miscellaneous
§ 20 Non-Smoking Policy
§ 21 Violations of House Rules
§ 22 Video Surveillance of Building or Apartment Entrances (outside the booked accommodation)
§ 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 in the version dated September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 apply subsidiarily to individually agreed terms.
§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who accommodates guests for remuneration.
“Guest”: A natural person who makes use of accommodation. The guest is generally also the contracting party. Persons who travel with the contracting party (e.g. family members, friends, etc.) are also considered guests.
“Contracting Party”: 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”: These terms are to be understood within the meaning of the Austrian Consumer Protection Act 1979 as amended.
“Accommodation Contract”: The contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of Contract – Deposit, Payment of Remaining Amount
3.1 The accommodation contract is concluded upon acceptance of the order of the contracting party by the accommodation provider. Electronic declarations are deemed received when they can be accessed under normal circumstances and the access occurs during the published business hours of the accommodation provider.
3.2 The accommodation provider is entitled to conclude the accommodation contract subject to the condition that the contracting party pays a deposit. In this case, the accommodation provider is obliged to inform the contracting party, prior to accepting the written or oral booking, of the required deposit amounting to 30% of the total booking value. If the contracting party agrees (in writing or orally) to the deposit of 30% of the total booking value, the accommodation contract is concluded upon receipt of the declaration of consent regarding payment of the deposit by the accommodation provider.
3.3 The contracting party is obliged to pay the deposit within 14 days of booking. The remaining amount must be paid no later than 30 days prior to accommodation (receipt of payment). The costs of the financial transaction (e.g. bank transfer fees) shall be borne by the contracting party. The respective terms of the card companies apply to credit and debit cards.
3.4 The deposit constitutes a partial payment of the agreed total remuneration.
§ 4 Start and End of Accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 3:00 p.m. on the agreed day (“arrival day”).
4.2 If a room is used earlier, the preceding night is counted as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 10:00 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rooms are not vacated on 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 deposit has not been paid on time by the contracting party, the accommodation provider may withdraw from the accommodation contract without granting a grace period.
5.2 If the guest does not appear by 10:00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms remain reserved until 12:00 p.m. on the day following the agreed arrival day. In the case of prepayment of more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the day of arrival counted as the first day, unless the guest notifies a later arrival date.
5.4 The accommodation provider may terminate the accommodation contract by unilateral declaration for objectively justified reasons up to 2 months before the agreed arrival date, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee
Every booking made by the contracting party includes the applicable cancellation conditions. Unless otherwise agreed in the booking agreement or reservation confirmation:
5.5 The accommodation contract may be terminated by the contracting party without payment of a cancellation fee up to 2 months before the agreed arrival date.
5.6 Outside the period specified in § 5.5, withdrawal is only possible subject to the following cancellation fees:
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up to 60 days before arrival → free of charge
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59–30 days before arrival → 30% of total price
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29–14 days before arrival → 50% of total price
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13–7 days before arrival → 80% of total price
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6–0 days before arrival → 100% of total price
Travel Impediments
5.7 If the contracting party is unable to arrive on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) making all travel options impossible, the contracting party is not obliged to pay for the days of arrival.
5.8 The obligation to pay for the booked stay resumes once arrival becomes possible again, provided this occurs within three days.
§ 6 Provision of Alternative Accommodation
6.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodation (of the same quality), if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) have become unusable, already accommodated guests extend their stay, an overbooking exists or other important operational measures require this step.
6.3 Any additional expenses for the alternative accommodation shall be borne by the contracting party.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are usually and without special conditions available to guests, and to the customary service. The contracting party shall exercise his 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 remuneration plus any additional amounts that have arisen due to the use of additional services by him and/or the guests accompanying him, including statutory value-added tax, 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, they will be accepted, if possible, at the daily exchange rate. If the accommodation provider accepts foreign currencies or cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party shall be liable to the accommodation provider for any damage caused by him or by the guest or other persons who, with the knowledge or will of the contracting party, make use of the services of the accommodation provider.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed remuneration or is in arrears, the accommodation provider shall have the statutory right of retention pursuant to § 970c ABGB and the statutory lien pursuant to § 1101 ABGB on the items brought in by the contracting party or the guest. This right also serves to secure claims arising from the accommodation contract, in particular for catering, other expenses incurred for the contracting party and for any compensation claims of any kind.
9.2 If the service is requested in the booked accommodation of the contracting party or at unusual times of the day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider is entitled to invoice or issue interim invoices for its services at any time.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to the extent corresponding to its standard.
10.2 Special services of the accommodation provider subject to labelling, which are not included in the accommodation price, include, for example:
a) Special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;
b) For the provision of extra or children’s beds (€30 per stay), as well as the use of the laundry room (€30 per 4-hour time slot).
§ 11 Liability of the Accommodation Provider for Damage to Brought-in Items
11.1 The accommodation provider is liable pursuant to §§ 970 ff ABGB for items brought in by the contracting party. Liability exists only if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or have been brought to a place designated or instructed by them. If the accommodation provider fails to prove otherwise, the accommodation provider shall be liable for its own fault or the fault of its employees and persons entering and leaving. Liability is limited in accordance with § 970 para 1 ABGB to the amount specified in the Federal Act of 16 November 1921 concerning the liability of innkeepers and other entrepreneurs, as amended.
If the contracting party or the guest does not immediately comply with the request of the accommodation provider to deposit the items in a special storage location, the accommodation provider shall be released from any liability. The amount of any liability is limited to the sum insured under the accommodation provider’s liability insurance. Any fault of the contracting party or guest must be taken into account.
11.2 Liability of the accommodation provider for slight negligence is excluded. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears 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 For valuables, money and securities, the accommodation provider is only liable up to the amount of currently €550. Liability beyond this amount exists only if the accommodation provider has taken over these items for safekeeping with knowledge of their nature or if the damage was caused by the accommodation provider or one of its employees. The limitations of liability according to 12.1 and 12.2 apply accordingly.
11.4 The accommodation provider may refuse to store valuables, money and securities if these are significantly more valuable items than those normally deposited by guests of the respective accommodation establishment.
11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not notify the accommodation provider of the damage immediately upon becoming aware of it. In addition, these claims must be asserted in court within three years from knowledge or possible knowledge by the contracting party or guest; otherwise, the right shall expire.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the liability of the accommodation provider for slight negligence is excluded, with the exception of personal injury.
12.2 If the contracting party is an entrepreneur, liability of the accommodation provider for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-material damages or indirect damages as well as lost profits shall not be compensated. The amount of compensation shall in any case be limited to the amount of the reliance interest.
§ 13 Keeping of Animals
13.1 Animals may only be brought into the accommodation establishment with prior consent of the accommodation provider and, if applicable, against a special fee.
13.2 The contracting party who brings an animal is obliged to properly keep or supervise the animal during the stay or to have it kept or supervised at their own expense by suitable third parties.
13.3 The contracting party or guest bringing an animal must have appropriate animal liability insurance or private liability insurance covering possible damage caused by animals. Proof of such insurance must be provided upon request of 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. The damage includes in particular any compensation payments that the accommodation provider must make to third parties.
13.5 Animals are not permitted in the general pool area or in the beds of the booked accommodation.
§ 14 Extension of Accommodation
14.1 The contracting party has no entitlement to an extension of the stay. If the contracting party announces the desire to extend the stay in due time, 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 due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) making all departure options impossible or unusable, the accommodation contract shall be automatically extended for the duration of the impossibility of departure (if possible). The accommodation provider is entitled to request at least the rate corresponding to the booked rate.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract has been concluded for a definite period, it ends upon expiry of that period.
15.2 If the contracting party departs prematurely, the accommodation provider is entitled to demand the full agreed remuneration.
15.3 In the event of the proven death of a guest, the contract with the accommodation provider ends.
15.4 If the accommodation contract has been concluded for an indefinite period, the parties may terminate the contract up to 10:00 a.m. 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:
• makes significantly detrimental use of the premises or, through reckless, offensive or otherwise grossly improper behavior, makes cohabitation unpleasant for other guests, the owner, their staff or third parties staying in the accommodation establishment, or commits an act punishable by law against property, morality or physical safety;
• does not comply with the house rules or quiet hours;
• is affected by a contagious disease or a disease that extends beyond the duration of accommodation or becomes otherwise in need of care;
• does not pay the submitted invoices when due within a reasonably set grace period (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event considered force majeure (e.g. natural disasters, strike, lockout, official orders, fire, water, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation. Any claims for damages by the contracting party are excluded.
• if essential maintenance work must be carried out and the booked accommodation unit cannot be used as a result;
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay, the accommodation provider shall arrange medical care at the request of the guest. In cases of imminent danger, the accommodation provider shall arrange medical care even without a specific request, especially if necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or relatives cannot be contacted, the accommodation provider shall arrange medical treatment at the guest’s expense. These measures end once the guest is able to make decisions or relatives have been informed.
16.3 The accommodation provider has claims for reimbursement against the contracting party and the guest or, in the event of death, against their legal successors, in particular for the following costs:
• outstanding medical costs, costs for patient transport, medication and medical aids;
• necessary room disinfection;
• unusable laundry, bed linen and bedding, otherwise for disinfection or thorough cleaning of these items;
• restoration of walls, furnishings, carpets, etc., if contaminated or damaged in connection with illness or death;
• room rent for the period of use plus any days during which the room cannot be used due to disinfection, clearing, etc.;
• any other damages incurred by the accommodation provider.
§ 17 Place of Performance, Jurisdiction and Applicable Law
17.1 Place of performance is the location of the accommodation establishment.
17.2 This contract is governed by Austrian formal and substantive law, excluding the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction in business transactions between entrepreneurs is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights before any other locally and materially competent court.
17.4 If the accommodation contract is concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, lawsuits against the consumer may only be brought at their domicile, habitual residence or place of employment.
17.5 If the accommodation contract is concluded with a contracting party who is a consumer and has their domicile in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, the court competent for the consumer’s domicile shall have exclusive jurisdiction.
§ 18 Liability for Items Deposited in Room Safes / Hotel Safes
The hotel shall not be liable for valuables deposited in the room or in room safes. These are therefore not considered as brought-in items within the meaning of § 970 ABGB.
§ 19 Miscellaneous
19.1 Unless otherwise provided, a time limit begins upon delivery of the document establishing the time limit to the contracting party who must observe it. In calculating a period determined by days, the day on which the event occurs is not counted. Periods determined by weeks or months refer to the day of the week or month corresponding to the designation or number of the day from which the period is to be calculated. If this day does not exist in the month, the last day of that month shall apply.
19.2 Declarations must be received by the other contracting party on the last day of the period (24:00). Cancellations must be made in writing.
19.3 The accommodation provider is entitled to offset its own claims against claims of the contracting party. The contracting party is not entitled to offset its own claims against those of the accommodation provider unless the accommodation provider is insolvent or the claim of the contracting party has been legally established or acknowledged by the accommodation provider.
19.4 In the event of regulatory gaps, the relevant statutory provisions shall apply.
§ 20 Non-Smoking Policy
Premium Apartments Seekirchen and their accommodations are non-smoking properties. All rooms are equipped with smoke detectors and air-conditioning gas sensors. Even minimal smoke development or excessive use of aerosols will trigger an alarm.
Smoking is therefore prohibited throughout the entire building. If smoking occurs in the room (including e-cigarettes, vaping, incense sticks, etc.), the guest will be charged one additional night at the current daily rate (minimum €300) for blocking the room.
Furthermore, the guest shall bear the costs of any fire brigade deployment or necessary replacement of the gas sensor module of the air-conditioning system. The right to claim further damages remains unaffected.
§ 21 Violations of House Rules
The house rules are an integral part of the accepted General Terms and Conditions (GTC). We expressly point out the prohibition of events and parties as well as the requirement to avoid noise disturbances.
In case of violations, we reserve the right to carry out immediate eviction without any refund of accommodation or booking costs. Furthermore, claims for damages may be asserted.
§ 22 Video Surveillance of Building and Apartment Entrances
For the safety of our guests, the entrances to the building and apartments are monitored by video surveillance. Recording is carried out in accordance with GDPR and is only evaluated in case of necessity.