General Terms and Conditions
General Terms and Conditions (GTC) Content overview
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
§ 1 Scope
§ 2 Definitions of terms
§ 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 contractual partner
§ 8 Obligations of the contractual partner
§ 9 Rights of the accommodation provider
§ 10 Obligations of the accommodation provider
§ 11 Liability of the accommodation provider for damage to items brought in
§ 12 Limitations of liability
§ 13 Animal husbandry
§ 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, place of jurisdiction and choice of law
§ 18 Liability for items left in room safes/hotel safes
§ 19 Miscellaneous
§ 20 Non-smoking regulations
§ 21 Violations of our house rules
§ 1 Scope
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.
1.2 The General Terms and Conditions 2006 do not exclude special agreements. The General Terms and Conditions 2006 are subsidiary to the individual agreements made.
§ 2 Definitions of terms
2.1 Definitions of terms:
“Accommodator”: Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who requires accommodation. The guest is usually also a contractual partner. Those people who arrive with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
“Contractual partner”: Is a natural or legal person at home or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation contract”: Is the contract concluded between the accommodation provider and the contractual partner, 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 when the accommodation provider accepts the order from the contractual partner. Electronic declarations are deemed to have been received if the party for whom they are intended can access them under normal circumstances and access occurs during the accommodation provider's announced business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contractual partner makes a deposit. In this case, the accommodation provider is obliged, before accepting the contractual partner's written or oral order, to inform the contractual partner of the required deposit of 30% of the total booking value. If the contractual partner agrees to the deposit of 30% of the total booking value (in writing or verbally), the accommodation contract is concluded upon receipt of the declaration of consent to the payment of the contractual partner's deposit by the accommodation provider.
3.3 The contractual partner is obliged to pay the deposit upon booking within 14 days. The remaining amount must be paid no later than 30 days (received) before the accommodation. The contractual partner bears the costs for the monetary transaction (e.g. transfer fees). The respective terms and conditions of the card companies apply to credit and debit cards.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Start and end of accommodation
4.1 Unless the accommodation provider offers another occupation time, the contractual partner has the right to move into the rented rooms from 3 p.m. on the agreed day (“arrival day”).
4.2 If a previous room is occupied, the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 10 a.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the accommodation contract – cancellation fee
Cancellation by the accommodation provider
5.1 If the accommodation contract provides for a deposit and the contractual partner has not paid the deposit on time, the accommodation provider can withdraw from the accommodation contract without a grace period.
5.2 If the guest does not show up by 6 p.m. on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 If the contractual partner has made a deposit (see 3.3), the rooms will remain reserved until 12:00 noon on the day following the agreed arrival day. If you pay in advance for more than four days, the accommodation obligation ends from 6 p.m. on the fourth day, with the day of arrival being counted as the first day, unless the guest announces a later day of arrival.
5.4 The accommodation contract can be terminated by the accommodation provider by unilateral declaration for objectively justified reasons no later than 2 months before the agreed date of arrival of the contractual partner, unless otherwise agreed.
Cancellation by the contractual partner – cancellation fee
Every booking made by the contractual partner with the accommodation provider contains the applicable cancellation conditions. Only if the booking agreement does not make any deviating provisions or the reservation confirmation does not confirm otherwise, the following applies:
5.5 The accommodation contract can be canceled by the contractual partner without paying a cancellation fee up to 3 months before the agreed arrival date of the guest at the latest.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the contractual partner is only possible upon payment of the following cancellation fees:
Sure! Here’s the entire text translated into English:
- Up to 60 days before departure > free of charge
- 59-30 days before departure > 30% of the total price
- 29-14 days before departure > 50% of the total price
- 13-7 days before departure > 80% of the total price
- 6-0 days before departure > 100% of the total price
Obstacles to arrival
5.7 If the contractual partner cannot appear at the accommodation facility on the day of arrival because all travel options are impossible due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the contractual partner is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes from the time of arrival if arrival is possible again within three days.
§ 6 Provision of alternative accommodation
6.1 The accommodation provider can provide the contractual partner or guests with adequate replacement accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has become unusable, guests who have already been accommodated extend their stay, there is overbooking or other important operational measures require this step.
6.3 Any additional expenses for replacement accommodation will be at the contractual partner’s expense.
§ 7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the accommodation facility's facilities, which are accessible to guests for use in the usual way and without any special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed fee plus any additional amounts that arose due to separate use of services by him and/or the guests accompanying him, plus statutory sales tax, at the time of departure at the latest.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contractual partner will bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contractual partner is liable to the accommodation provider for any damage caused by him or the guest or other persons who accept services from the accommodation provider with the knowledge or will of the contractual partner.
§ 9 Rights of the accommodation provider
9.1 If the contractual partner refuses to pay the stipulated fee or is in arrears, the accommodation provider is entitled to the statutory right of retention in accordance with Section 970c ABGB and the statutory lien in accordance with Section 1101 ABGB on the items brought in by the contractual partner or the guest. The accommodation provider is also entitled to this right of retention or lien to secure his claim from the accommodation contract, in particular for meals, other expenses made for the contractual partner and for any claims for compensation of any kind.
9.2 If the service is required in the contractual partner's booked accommodation 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 for this. The accommodation provider can also refuse these services for operational reasons.
9.3 The accommodation provider has the right to billing or interim billing for his services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent that corresponds to his standard.
10.2 Examples of special services provided by the accommodation provider that are subject to a label and are not included in the accommodation fee are:
a) Special accommodation services that can be invoiced separately, such as the provision of salons, saunas, indoor pools, swimming pools, solariums,
garage etc;
b) for the provision of additional beds or children's beds (€ 30 / stay), as well as the use of the laundry room (€ 30 / 4 hour timeslot).
§ 11 Liability of the accommodation provider for damage to items brought in
11.1 The accommodation provider is liable in accordance with §§ 970 ff ABGB for the items brought in by the contractual partner. The accommodation provider is only liable if the items have been handed over to the accommodation provider or the people authorized by the accommodation provider or have been brought to a place instructed or designated by them. If the accommodation provider is unable to provide proof, the accommodation provider is liable for his own negligence or the negligence of his people as well as those leaving and arriving. According to Section 970 Paragraph 1 ABGB, the accommodation provider is liable up to a maximum of the amount specified in the Federal Law of November 16, 1921 on the Liability of Innkeepers and Other Entrepreneurs in the currently valid version. If the contractual partner or the guest does not immediately comply with the accommodation provider's request to leave their belongings in a special storage location, the accommodation provider is released from all liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance amount of the respective accommodation provider. Any fault on the part of the contractual partner or guest must be taken into account.
11.2 The accommodation provider's liability is excluded for minor negligence. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances.
11.3 The accommodation provider is only liable for valuables, money and securities up to the current amount of € 550. The accommodation provider is only liable for any damage exceeding this amount if he took over these items for safekeeping with knowledge of their nature or in the event that the damage was caused by himself or one of his employees. The limitation of liability in accordance with 12.1 and 12.2 applies accordingly.
11.4 The accommodation provider can refuse to keep valuables, money and securities if they are significantly more valuable than what guests of the accommodation establishment in question usually keep.
11.5 In any case of storage undertaken, liability is excluded if the contractual partner and/or guest does not immediately notify the accommodation provider of the damage that has occurred after becoming aware of it. Furthermore, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or guest; otherwise the right is extinguished.
§ 12 Limitations of liability
12.1 If the contractual partner is a consumer, the accommodation provider's liability for minor negligence, with the exception of personal injury, is excluded.
12.2 If the contractual partner is an entrepreneur, the accommodation provider's liability for slight and gross negligence is excluded. In this case, the contractual partner bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. The damage to be compensated is in any case limited to the amount of the trust interest.
§ 13 Animal husbandry
13.1 Animals may ONLY be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary, for a special fee.
13.2 The contractual partner who takes an animal with him is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.
13.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the relevant insurance must be provided upon request by the accommodation provider.
13.4 The contractual partner or its insurer is jointly liable to the accommodation provider for any damage caused by animals brought along. The damage also includes, in particular, those compensation services that the accommodation provider has to provide to third parties.
13.5 Animals are not allowed to stay in the general pool area or in the beds of the booked accommodation.
§ 14 Extension of accommodation
14.1 The contractual partner has no right to have his stay extended. If the contractual partner announces his wish to extend the stay in good time, the accommodation provider can agree to the extension of the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contractual partner is unable to leave the accommodation facility on the day of departure because all departure options are blocked or cannot be used due to unforeseeable exceptional circumstances (e.g. extreme snowfall, floods, etc.), the accommodation contract will be automatically extended for the duration of the impossibility of departure (if possible). The accommodation provider is entitled to charge at least the fee that corresponds to the booked rate.
§ 15 Termination of the accommodation contract – early termination
15.1 If the accommodation contract was concluded for a specific period of time, it ends when the time expires.
15.2 If the contractual partner leaves early, the accommodation provider is entitled to demand the full agreed fee.
15.3 If a guest is proven to have died, the contract with the accommodation provider ends.
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties can terminate the contract until 10:00 a.m. on the third day before 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 contractual partner or the guest
• makes a significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior towards the other guests, the owner, his people or the third parties living in the accommodation facility, spoils the coexistence or is guilty of an act against the property, morals or physical safety of these persons that is punishable by punishment;
• the house rules and rest times are not adhered to;
• is affected by an infectious disease or an illness that extends beyond the period of accommodation or otherwise requires care;
• the invoices presented are not paid when due within a reasonable deadline (3 days).
15.6 If the fulfillment of the contract becomes impossible due to an event that can be viewed as force majeure (e.g. natural events, strikes, lockouts, official orders, fire, water, etc.), the accommodation provider can terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already considered dissolved by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. of the contractual partner are excluded.
• important maintenance work must be carried out and therefore the booked accommodation unit cannot be used;
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay in the accommodation facility, the accommodation provider will provide medical care at the guest's request. If danger is imminent, the accommodation provider will arrange for medical care even without the guest's special request, especially if this is necessary and the guest is not able 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 will provide medical treatment at the guest's expense. However, the scope of these care measures ends at the point at which the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for compensation from the contractual partner and the guest or, in the event of death, from their legal successors, in particular for the following costs:
• outstanding medical costs, costs for medical transport, medication and medical aids
• room disinfection that has become necessary,
• laundry, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
• Restoration of walls, furnishings, carpets, etc., if they were contaminated or damaged in connection with the illness or death,
• Room rent, if the room was used by the guest, plus any days that the rooms are unusable due to disinfection, evacuation or similar,
• Any other damages incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation facility is located.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private 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 bilateral business transactions is the registered office of the accommodation provider, whereby the accommodation provider is also entitled to assert its rights at any other local and subject matter court.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence or habitual residence in Austria, legal action against the consumer can only be brought at the consumer's place of residence, habitual residence or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and substantive jurisdiction for the consumer's place of residence has exclusive jurisdiction for actions against the consumer.
§ 18 Liability for items left in room safes/hotel safes
The hotel is not liable for valuables left in the room or in room safes. These are therefore not considered to have been introduced within the meaning of Section 970 ABGB.
§ 19 Miscellaneous
19.1 Unless the above provisions provide for something special, the running of a deadline begins with delivery of the document setting the deadline to the contractual partners, who must comply with the deadline. When calculating a period that is determined in days, the day on which the time or event falls is not taken into account, according to which the start of the period should be based. Deadlines determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the deadline is to be counted. If this day is missing in the month, the last day of that month is decisive.
19.2 Declarations must be received by the other contractual partner on the last day of the deadline (midnight). Cancellations must be made in writing.
19.3 The accommodation provider is entitled to offset the contractual partner's claims with his own claims. The contractual partner is not entitled to offset its own claims against the accommodation provider's claims, unless the accommodation provider is insolvent or the contractual partner's claim has been determined by a court or recognized by the accommodation provider.
19.4 In the event of gaps in the regulations, the relevant legal provisions apply.
§ 20 Non-smoking regulations
Premium Apartments Salzburgerland / Seekirchen and their accommodations are non-smoking. All rooms are equipped with fire alarms and air conditioning gas detectors. Even a small amount of smoke or excessive use of aerosols triggers an alarm. Smoking is therefore prohibited in the entire building. If smoking is still done in the room (including e-cigarettes, vapes, incense sticks, etc.), the guest will be charged an additional night at the current rate (minimum rate € 300) for keeping the room free. Furthermore, the costs of any fire brigade deployment or necessary replacement of the air conditioning gas monitor module must be borne by the guest. The assertion of further claims for damages remains unaffected.
§ 21 Violations of our house rules
The house rules are an integral part of the recognized General Terms and Conditions (GTC). We also expressly point out that the ban on events and parties should be adhered to and that disturbances of the peace should be avoided. In the event of violations, we reserve the right to immediately evict you without refunding the accommodation or booking costs. In addition, claims for damages may be asserted if necessary.
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