Hotel Josefshof am Rathaus
§ 1 SCOPE
(1) These General Terms and Conditions for the Hotel Industry (hereinafter "AGBH 2006") replace the previous Austrian Hotel Contract Conditions (ÖHVB) as of September 23, 1981.
(2) The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed-upon terms.
§ 2 DEFINITIONS
(1) "Host" (Beherberger): A natural or legal person who accommodates guests for remuneration.
(2) "Guest": A natural person who takes advantage of accommodation. The guest is usually also the contracting party. Persons arriving with the contracting party (e.g., family members, friends, etc.) are also considered guests.
(3) "Contracting party": A natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or for a guest.
(4) "Consumer" and "Entrepreneur": The terms are to be understood in accordance with the Consumer Protection Act 1979.
(5) "Accommodation contract": The contract concluded between the host and the contracting party, the content of which is regulated in more detail below.
§ 3 CONCLUSION OF CONTRACT - DEPOSIT
(1) The accommodation contract is concluded by the host accepting the order of the contracting party. Electronic statements are deemed received when the party for which they are intended can retrieve them under normal circumstances, and access is made during the host's normal business hours.
(2) The host is entitled to conclude the accommodation contract on the condition that the contracting party pays a deposit or the entire agreed remuneration in advance. In this case, the host is obliged to inform the contracting party of the required deposit or advance payment before accepting the written or oral order. If the contracting party agrees to the deposit or advance payment (in writing or orally), the accommodation contract is concluded upon receipt of the contracting party's declaration of consent to pay the deposit or advance payment by the host.
(3) The contracting party is obliged to pay a deposit (if agreed) no later than 14 days before the accommodation. Agreed full prepayments (e.g., for non-cancellable rates) must be paid on the day of booking. The costs of the money transaction (e.g., transfer fees) are borne by the contracting party. The terms and conditions of the respective card companies apply to credit and debit cards.
(4) The deposit is a partial payment of the agreed remuneration.
§ 4 BEGINNING AND END OF ACCOMODATION
(1) The contracting party has the right, if the host does not offer another check-in time, to occupy the rented rooms from 4:00 PM on the agreed day ("arrival day").
(2) If a room is first occupied before 7:00 AM, the previous night counts as the first night.
(3) The rented rooms must be vacated by the contracting party on the day of departure by 12:00 PM. The host is entitled to charge for an additional day if the rented rooms are not vacated on time. An exception is an agreed paid later departure time on the departure day ("late check-out").
§ 5 WITHDRAWAL FROM THE ACCOMMODATION CONTRACT - CANCELLATION FEE
Withdrawal by the Host
(1) If the accommodation contract provides for a deposit or prepayment of the entire agreed remuneration and the contracting party has not paid the deposit or prepayment on time, the host can withdraw from the accommodation contract without further notice.
(2) If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to accommodate unless a later arrival time has been agreed.
(3) If the contracting party has paid a deposit or prepayment (see 3.3), the rooms remain reserved until 12:00 PM on the day following the agreed arrival day. In the case of prepayment for more than four days or the entire agreed remuneration, the obligation to accommodate ends at 6:00 PM on the fourth day, with the arrival day counted as the first day, unless the guest announces a later arrival day.
(4) Up to 2 months before the agreed arrival day of the contracting party, the accommodation contract can be terminated by the host, for justified reasons, unless otherwise agreed, by unilateral declaration, provided it is not otherwise agreed.
Withdrawal by the Contracting Party - Cancellation Fee
(5) Up to 2 months before the agreed arrival day of the guest, the accommodation contract can be terminated by the contracting party by unilateral declaration without payment of a cancellation fee. Excluded from this are so-called non-cancellable rates, where full prepayment must be made, and cancellation is excluded after booking.
(6) Outside the period defined in § 5.5, withdrawal by the unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:
- More than 2 months before the arrival day: no cancellation fees
- 2 to 1 month before the arrival day: 40% of the total arrangement price
- 1 month to 1 week before the arrival day: 70% of the total arrangement price
- 1 week to 48 hours before the arrival day: 90% of the total arrangement price
- From 48 hours before the booked arrival day, 100% cancellation fees of the total arrangement price will be charged.
(7) If the contracting party cannot appear at the accommodation establishment on the day of arrival due to unforeseeable exceptional circumstances (e.g., extreme snowfall, flooding, etc.) rendering all arrival options impossible, the contracting party is not obligated to pay the agreed remuneration for the days of arrival.
(8) The obligation to pay the fee for the booked stay revives when arrival becomes possible again within three days.
§ 6 PROVISION OF SUBSTITUTE ACCOMMODATION
(1) The host can provide the contracting party or guests with an adequate substitute accommodation (of the same quality) if it is reasonable for the contracting party, especially if the deviation is minor and justified.
(2) Justification is given, for example, if the room(s) become(s) unusable, already accommodated guests extend their stay, overbooking occurs, or other important operational measures necessitate this step.
(3) Any additional expenses for the substitute accommodation are borne by the host.
§ 7 RIGHTS OF THE CONTRACTING PARTY
By entering into an accommodation contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment that are usually accessible to guests without special conditions, and the usual service. The contracting party must exercise its rights in accordance with any hotel and/or guest policies (house rules).
§ 8 OBLIGATIONS OF THE CONTRACTING PARTY
(1) The contracting party is obligated to pay the agreed-upon fee plus any additional amounts incurred due to separate services used by them and/or accompanying guests, plus statutory value-added tax.
(2) The host is not obliged to accept foreign currencies. If the host does accept foreign currencies, they will be accepted at the daily exchange rate as far as possible. If the host accepts foreign currencies or non-cash means of payment, the contracting party bears all associated costs, such as inquiries with credit card companies, telegrams, etc.
(3) The contracting party is liable to the host for any damage caused by them, the guest, or other persons receiving the host's services with the knowledge or consent of the contracting party.
§ 9 RIGHTS OF THE HOST
(1) If the contracting party refuses to pay the agreed-upon fee or is in arrears, the host is entitled to the legal right of retention according to § 970c ABGB and the legal right of lien according to § 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien also serves to secure the host's claims arising from the accommodation contract, especially for meals, other expenses made for the contracting party, and any replacement claims of any kind.
(2) If room service is requested in the contracting party's room or at unusual times (after 8:00 pm and before 8:00 am), the host is entitled to charge a special fee for this. However, this special fee must be indicated on the room price list. The host may also refuse these services for operational reasons.
(3) The host has the right to invoice or interim invoice for their services at any time.
§ 10 OBLIGATIONS OF THE HOST
(1) The host is obligated to provide the agreed-upon services to a standard corresponding to their usual level.
(2) Special services provided by the host that are subject to additional charges and not included in the accommodation fee include, for example:
a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage, etc.
b) An discounted price is charged for the provision of additional or children's beds.
§ 11 LIABILITY OF THE HOST FOR DAMAGES TO BROUGHT-IN ITEMS
(1) The host is liable according to § 970 ff ABGB for items brought in by the contracting party. The host's liability is only given if the items have been handed over to the host or persons authorized by the host or brought to a location indicated or designated for this purpose by them. If the host fails to prove this, the host is liable for their own fault or the fault of their staff and the incoming and outgoing persons. The host's liability is limited to the amount set in the Federal Law of November 16, 1921, on the liability of innkeepers and other entrepreneurs, in the respective valid version. If the contracting party or guest does not immediately comply with the host's request to deposit their items at a special location, the host is released from any liability. The amount of any liability of the host is limited to the liability insurance sum of the respective host. The liability exclusion for slight negligence applies.
(2) The host's liability is excluded for slight negligence. 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, are in no case reimbursed.
(3) For valuables, money, and securities, the host is liable only up to the amount of currently €550. The host is liable for any damage beyond this amount only if they have taken these items for safekeeping with knowledge of their nature or if the damage was caused by the host or one of their staff. The liability limitation according to 12.1 and 12.2 applies accordingly.
(4) The host may refuse the safekeeping of valuables, money, and securities if they are significantly more valuable items than guests of the respective accommodation establishment usually deposit for safekeeping.
(5) In any case of safekeeping, liability is excluded if the contracting party and/or guest does not immediately report the damage to the host upon knowledge. In addition, these claims must be asserted in court within three years from the contracting party's or guest's knowledge or possible knowledge; otherwise, the right is extinguished.
§ 12 LIABILITY LIMITATIONS
(1) If the contracting party is a consumer, the host's liability for slight negligence, except for personal injury, is excluded.
(2) If the contracting party is an entrepreneur, the host's liability 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, immaterial damages, or indirect damages, as well as lost profits, are not reimbursed. The damage to be compensated is limited in any case to the amount of the trust interest.
§ 13 PET KEEPING
(1) Animals may only be brought into the accommodation establishment with the prior consent of the host and possibly for a special fee.
(2) The contracting party who brings an animal is obliged to properly store or supervise the animal during their stay or have it stored or supervised by suitable third parties at their own expense.
(3) The contracting party or guest who brings an animal must have appropriate pet liability insurance or private liability insurance that also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request of the host.
(4) The contracting party or their insurer is jointly and severally liable to the host for the damage caused by brought-in animals. The damage also includes those compensation payments that the host has to make to third parties.
(5) Animals are not allowed in lounges, social, restaurant, and wellness areas.
§ 14 - EXTENSION OF ACCOMMODATION
(1) The contracting party has no entitlement to an extension of their stay. If the contracting party announces their desire to extend the stay in a timely manner, the host may agree to the extension of the accommodation contract. The host is not obligated to do so.
(2) If the contracting party is unable to leave the accommodation establishment on the day of departure because all departure options are unexpectedly blocked or unusable due to extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction in the fee for this period is only possible if the contracting party cannot fully use the offered services of the accommodation establishment due to extraordinary weather conditions. The host is entitled to demand at least the fee corresponding to the regularly charged price in the off-season.
§ 15 - TERMINATION OF THE ACCOMMODATION CONTRACT - PREMATURE DISSOLUTION
(1) If the accommodation contract has been concluded for a specific period, it ends with the expiration of that period.
(2) If the contracting party departs prematurely, the host is entitled to demand the full agreed-upon fee. The host will deduct any savings they have made due to the non-use of their service offering or what they have obtained through the alternative rental of the ordered rooms. Savings are only considered if the accommodation establishment is fully occupied at the time of non-use of the rooms ordered by the guest and the rooms can be rented to other guests due to the cancellation by the contracting party. The burden of proof for savings lies with the contracting party.
(3) The contract with the host ends with the death of a guest.
(4) If the accommodation contract has been concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 am on the third day before the intended end of the contract.
(5) The host is entitled to terminate the accommodation contract with immediate effect for good cause, especially if the contracting party or guest
a) makes significantly detrimental use of the premises or, through their reckless, offensive, or otherwise grossly indecent behavior, spoils the cohabitation for other guests, the owner, their staff, or third parties residing in the accommodation establishment;
b) is affected by a contagious disease or an illness that extends beyond the duration of the accommodation, or otherwise requires care;
c) does not pay the presented invoices within a reasonable period set (3 days) when due.
(6) If the fulfillment of the contract becomes impossible due to an event that is to be regarded as force majeure (e.g., elemental events, strike, lockout, official orders, pandemics, and epidemics, etc.), the host can dissolve the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed dissolved by law or the host is released from their obligation to provide accommodation. Any claims for damages, etc., of the contracting party are excluded.
§ 16 ILLNESS OR DEATH OF THE GUEST
(1) If a guest becomes ill during their stay at the accommodation establishment, the host will arrange for medical care at the guest's request. If there is imminent danger, the host will also arrange for medical care without the guest's special request, especially if this is necessary and the guest is not able to do so themselves.
(2) As long as the guest is not able to make decisions or the guest's relatives cannot be contacted, the host will, at the guest's expense, provide medical treatment. However, the extent of these care measures ends at the time when the guest can make decisions or the relatives have been informed of the illness.
(3) The host has reimbursement claims against the contracting party and the guest or, in the event of death, against their legal successors, especially for the following costs:
a) open doctor's costs, costs of medical transport, medication, and aids
b) necessary room disinfection,
c) unusable laundry, bed linen, and bed furnishings, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness or death.
§ 17 PLACE OF PERFORMANCE, JURISDICTION, AND CHOICE OF LAW
(1) The place of performance is the location where the accommodation establishment is situated.
(2) This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (especially IPRG and EVÜ) and the UN Sales Convention.
(3) The exclusive place of jurisdiction is the registered office of the host in the case of a two-sided business transaction with an entrepreneur, whereby the host is also entitled to assert their rights at any other local and materially competent court.
(4) If the accommodation contract was concluded with a consumer who has their domicile or habitual residence in Austria, claims against the consumer can only be filed at the domicile, habitual residence, or place of employment of the consumer.
(5) If the accommodation contract was concluded with a consumer who has their domicile in a member state of the European Union (excluding Austria), Iceland, Norway, or Switzerland, the locally and materially competent court for claims against the consumer is exclusively competent.
§ 18 MISCELLANEOUS.
1) Unless the above provisions stipulate otherwise, the period begins with the delivery of the document ordering the period to the contracting parties who are to observe the period. When calculating a period determined by days, the day on which the point in time or event falls from which the start of the period is to be determined is not included. Deadlines specified in weeks or months refer to the day of the week or month which corresponds to the day from which the deadline is to be counted in terms of its name or number. If this day is missing in the month, the last day of the month in this month is decisive.
(2) Declarations must have been received by the other contracting party on the last day of the period (12:00 am).
(3) The host is entitled to set off their own claims against claims of the contracting party. The contracting party is not entitled to set off their own claims against claims of the host unless the host is insolvent or the contracting party's claim has been legally established or acknowledged by the host.
(4) In the case of regulatory gaps, the respective legal provisions apply.