Austrian Hotel Terms of Contract (ÖHVB)

(decreed at the 93^rd Committee Meeting of the Trade Association of Hotels on September 23^rd 1981)

PDF Englisch (GB), Französisch (F), Niederländisch (NL), Italienisch (I), Tschechisch (CZ), Spanisch (E), Russisch (RUS) und Ungarisch (H)

§ 1 General provisions

The (general) Austrian Hotel Terms of Contract comprise the terms under which Austrian hotels usually enter into agreements with their guests. The Austrian Hotel Terms of Contract do not preclude special arrangements.

§ 2 Contract partners

1. When in doubt, the contract partner of the hotel is the reserving party, even if he/she has reserved for others.
2. The persons taking advantage of accomodation are considered guests as named in the terms of contract.

§ 3 Entering into agreement, down-payment

1. The accomodation contract usually materializes with the acceptance of the written or oral reservation of the guest by the hotel.
2. A down-payment can be agreed upon.
3. The hotel can also require the payment of the entire sum due as down-payment.

§ 4 Beginning and end of accomodation

1. The guest has the right to occupy the rented rooms from 2 p.m. on the agreed day.
2. The hotel has the right to withdraw from the agreement if the guest does not appear by 6 p.m. of the arranged arrival date, unless a later arrival time has been agreed upon.
3. If the guest has made a down-payment, the room/rooms remain reserved until 12 p.m. the next day at the latest.
4. If a room is occupied before 6 a.m. on the first day, the night before counts as the first night of lodging.
5. The rented rooms must be vacated by the guest by 12 p.m. on the day of departure.

§ 5 Withdrawal from the accomodation agreement

1. The accomodation agreement can be terminated by either party up until three months before the agreed arrival date of the guest without cancellation fee. The declaration of cancellation must be in the hands of the contract partner three months before the agreed arrival date of the guest at the latest.
2. The agreement can be terminated by either party up until one month before the agreed arrival date of the guest, but a cancellation fee equalling the price of the room for three days is to be paid. The declaration of cancellation must be in the hands of the contract partner one month before the agreed arrival date of the guest at the latest.
3. The hotel has the right to withdraw from the agreement if the guest does not appear by 6 p.m. of the arranged arrival date, unless a later arrival time has been agreed upon.
4. If the guest has made a down-payment, the room remains reserved until 12 p.m. the next day at the latest.
5. The guest is obliged to pay the agreed fee for reserved rooms and board, even if he/she does not occupy/consume them. The hotel, however, is obliged to deduct the amount saved by the guest not occupying the rooms/consuming board or the amount gained by renting out the reserved rooms to others. Experience shows that in most cases, the savings of the hotel due to a guest not utilizing room and board is 20 percent of the room price and 30 percent of the price of board.
6. The responsibility of renting out rooms that have not been occupied lies with the hotel. (§ 1107 ABGB)

§ 6 Providing alternative accomodation

1. The hotel can provide adequate alternative accomodation, provided there is good reason and the material difference is small.
2. Good reason prevails if, for instance, the room has become unusable, other guests decide to stay on or other important operational measures make this step necessary.
3. Any added costs for the alternative accomodation are to be born by the hotel.

§ 7 Rights of the guest

1. By entering into an accomodation agreement, the guest procures the right to the usual usage of the rented rooms, the facilities of the hotel generally at the disposal of guests without any special provisions, and to the usual service.
2. The guest has the right to occupy the rented rooms from 2 p.m. on the agreed date of arrival.
3. The guest has the right to claim an adequate substitute meal (lunch bag) or voucher for meals that he/she does not consume, provided he/she informs the hotel ahead of time, that is before 6 p.m. the day before.
4. The guest is otherwise not entitled to substitutes if the hotel is prepared to offer the meal and the guest will not consume it at the usual time or in the designated rooms.

§ 8 Obligations of the guest

1. The agreed fee is to be paid at the termination of the accomodation agreement. Foreign currency will be accepted by the hotel at the current rate. The hotel is not obliged to accept methods of payment like checks, credit cards, vouchers etc. Any costs incurred by accepting such payment, e.g. for telegrams, inquiries etc., are to be born by the guest.
2. If food or drinks are available at the hotel, but a guest brings his own and consumes these in a public area, the hotel is entitled to adequate compensation.
3. The guest must ask the hotel's permission before using electrical appliances not usually used on travels.
4. Any damages incurred by the guest fall under the terms of the damages laws. Thus the guest is responsible for any damage and disadvantage that the hotel or third parties suffer through him/her or people accompanying him/her or others for which he/she carries responsibility, regardless of whether the damaged party is entitled to claim damages directly from the hotel.

§ 9 Rights of the hotel

1. If a guest refuses to pay the agreed sum or if payments are outstanding, the hotel has the right to confiscate the property of the guest in order to insure the payment of room and board and any expenses for the guest. (§ 970 ABGB legal confiscation right)
2. The hotel has confiscation rights on the possessions of the guest in order to insure the payment of the agreed fees. (§ 1101 ABGB legal confiscation rights of hotel)
3. The hotel is entitled to charge an extra fee if the guest demands service in his/her room or at unusual times of the day; this extra fee must be posted on the price list. The hotel is however entitled to refuse such service for operational reasons.

§ 10 Obligations of the hotel

1. The hotel is obliged to deliver the agreed goods and services in accordance with the standard.
2. Extra services of the hotel that must be posted:

1. Extra services of the hotel that can be charged separately, such as salons, sauna and indoor pool, outdoor pool, solarium, floor bathroom, garage, etc.;
2. a discount fee will be charged for the provision of extra or children's beds.

3. The prices listed must be inclusive prices.

§ 11 Liability of the hotel for damages

1. The hotel is liable for damages incurred on a guest if these occur within the hotel and persons employed by the hotel are at fault.
2. Responsibility for items brought by the guest. The hotel is liable for any items brought by the guest up to a maximum amount of ATS 12,000 unless it can be proven that neither the hotel nor its employees, nor any other persons entering and/or exiting the hotel are to blame. In this case, the hotel is liable up to a maximum amount of ATS 6,000; unless it has taken these items, with full knowledge of their value, for safe-keeping, or the hotel or its employees are at fault, in which case the hotel is fully liable. A posted denial of liability is not valid. The safe-keeping of valuables can be refused if the items are substantially more valuable than those usually given into safe-keeping by guests at the hotel concerned. Agreements under which the extent of the above-mentioned liability is reduced are not legally valid. Items are considered to have been given into safe-keeping if they have been received by an employee of the hotel or brought to a certain place, designated by such a person. (especially §§ 970 ff. ABGB)

§ 12 Pets

1. Pets can only be brought into the hotel by prior permission and their accomodation may be subject to an additional charge.

Pets may not be brought into salons, lounges or restaurant areas.

2. The guest is liable for any damages incurred by animals accompanying him/her, in accordance with the laws regarding pet-owners. (§ 1320 ABGB)

§ 13 Extention of accomodation

The extention of a guest's stay is subject to the permission of the hotel.

§ 14 Termination of accomodation

1. If the accomodation agreement has been made for a certain term, it is considered terminated at the end of such term. The hotel is entitled to full payment if the guest departs ahead of time. The hotel is however also entitled to attempt to rent out the room/s for the remaining time. Otherwise, regulation

§ 5 (5) applies accordingly (percentage reductions).

2. The accomodation agreement is considered terminated upon the death of a guest.
   
3. If the accomodation agreement has been made for an indeterminate amount of time, either party may terminate it at any time, while honouring a three-day period of notice. Notice must reach the other party by 10 a.m. for that day to be considered the first of the three-day period.
   
4. If the guest does not vacate his/her room by 12 p.m., the hotel is entitled to charge him/her for an additional day.
   
5. The hotel is entitled to terminate the accomodation aggreement immediately if the guest

1. misuses the rooms or acts in such a way as to make the stay of other guests uncomfortable or commits acts against the hotel and its employees, persons in the hotel or property of the hotel that are punishable by law;
2. falls ill with a contagious illness or one that lasts beyond the term of his/her stay or causes him/her to require special care;:
3. does not pay a bill presented to him/her within a reasonable time-limit.

6. The agreement is considered terminated if an event that can be considered an act of God makes the fulfilment of it impossible.

The hotel is however obliged to return the proportionate amount of payment so that it does not gain from such event. (§ 1447 ABGB)

§ 15 Illness or death of a guest in the hotel 

1. If a guest should fall ill during his/her stay at the hotel, the hotel is obliged to insure a doctor's attention if necessary and if the guest is unable to do so him/herself.

The hotel is entitled to the following damages from the guest, resp. from his/her legal successors in the event of his/her death:

1. refund of any doctor's fees not yet paid by the guest;
2. required disinfection of room/s if this is ordered by the doctor of the magistrate;
3. refund for any bedding, bed-clothes, linens, etc., that have become unusable, in return for these items on delivery to the legal successors, or else for the disinfection or thorough cleaning of such items;
4. for the renovation of walls, furniture, carpets, etc., in the case that these were soiled or damaged in connection with the illness or death;
5. for the room fee if the room becomes unusable for a period of time due to the illness or death (min. three, max. seven days).

§ 16 Place of fulfilment

1. Place of fulfilment is the place in which the hotel is located.
2. The jurisdiction at the hotel's location is deemed responisible for all issues arising from the accomodation agreement unless

1. the guest has a residence or place of business within the country; in this case, the place named by the guest in his registration is deemed responsible;
2. the guest has only a place of employment within the country; in this case that is deemed the responsible jurisdiction.
   The cancellation fees listed in § 5, no. 1, 2 and 5 are recorded as non-binding recommendations in accordance with § 31 and in connection with § 32 cartell laws in the cartell register no. Kt 617/91-5.