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Austrian Hotel Contract Conditions (ÖHVB)

§ 1 General

The (general) Austrian Hotel Contract Terms and Conditions represent the contractual content under which Austrian accommodation providers usually conclude accommodation contracts with their guests.

The Austrian Hotel Contract Conditions do not exclude special agreements.

§ 2 Contractual partner

(1) In case of doubt, the Party of the Proprietor shall be deemed to be the Customer, even if the Customer has ordered or co-ordered for other named persons.

(2) Persons making use of the accommodation are guests within the meaning of the terms of the contract.

§ 3 Conclusion of contract, down payment

(1) As a rule, the accommodation contract is concluded by the accommodation provider’s acceptance of the guest’s written or oral order.

(2) It may be agreed that the guest pays a deposit.

(3) The accommodation provider may also demand advance payment of the entire agreed remuneration.

§ 4 Start and end of the accommodation

(1) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed day of arrival, unless a later time of arrival has been agreed.

(3) If the guest has paid a deposit, on the other hand, the room(s) shall remain reserved until 12 noon of the following day at the latest.

(4) If a room is used for the first time before 6 a.m., the previous night shall count as the first overnight stay.

(5) The rented rooms must be vacated by the guest by 12 noon on the day of departure.

§ 5 Cancellation of the accommodation contract

(1) At the latest one month before the agreed arrival date of the guest, the accommodation contract can be terminated by both contracting parties by means of a unilateral declaration and there is no cancellation fee.

(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 p.m. on the agreed arrival date, unless a later arrival time has been agreed.

(3) If the guest has paid a deposit, the room (s) will remain reserved until 12 noon the following day at the latest.

There are no cancellation fees up to 1 month before the date of arrival,
up to 2 weeks before the day of arrival 40%
up to 3 days before the day of arrival 70%
thereafter 90% of the total arrangement price

(4.) It is the responsibility of the accommodation provider to try to rent the unused rooms to other parties in accordance with the circumstances (§ 1107 ABGB).

§ 6 Provision of substitute accommodation

(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, especially because the deviation is minor and objectively justified.

(2) An objective justification is given, for example, if the room(s) have become unusable, guests already accommodated extend their stay or other important operational measures necessitate this step.

(3) Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the guest

(1) By concluding an accommodation contract, the guest acquires the right to the customary use of the rented rooms, the facilities of the accommodation establishment which are usually and without special conditions accessible to the guests for use, and to the customary service.

(2) The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

(3) If full board or half board has been agreed, the guest has the right to demand an appropriate substitute meal (packed lunch) or a voucher for meals which he does not take, provided that he has reported this in good time, i.e. by 6 p.m. of the previous day.

(4) Otherwise, the guest shall have no claim for compensation if the accommodation provider is ready to perform and the guest does not take the agreed meals within the usual times of the day and in the rooms designated for this purpose.

§ 8 Obligations of the guest

(1) Upon termination of the accommodation contract, the agreed remuneration shall be paid. Foreign currencies shall be accepted by the accommodation provider at the exchange rate of the day, if possible. The Proprietor shall not be obliged to accept cashless means of payment such as cheques, credit cards, vouchers, vouchers, etc. All costs necessary for the acceptance of these securities, e.g. for telegrams, enquiries, etc. shall be borne by the guest.

(2) If food or beverages are available at the accommodation establishment but are brought there and consumed in public rooms, the accommodation provider shall be entitled to charge reasonable compensation (so-called “stubble money” for beverages).

(3) The accommodation provider’s consent must be obtained before electrical appliances which are brought by the guests and which are not part of the usual travel requirements are put into operation.

(4) The provisions of the law on damages shall apply to any damage caused by the guest. Therefore, the guest shall be liable for any damage and disadvantage suffered by the accommodation provider or third persons due to his/her fault or due to the fault of his/her companions or other persons for whom he/she is responsible, even if the injured party is entitled to directly claim damages from the accommodation provider.

§ 9 Rights of the Proprietor

(1) If the guest refuses to pay the agreed remuneration or is in arrears with it, the proprietor of the accommodation establishment shall be entitled to retain the items brought in to secure his claim arising from the accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB statutory right of retention).

(2) The accommodation provider shall have the right of lien on the objects brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider).

(3) If service is requested in the guest’s room or at unusual times of the day, the accommodation provider shall be entitled to charge a special fee for this; this special fee shall, however, be indicated on the room rate card. He may also refuse these services for operational reasons.

§ Section 10 Obligations of the Proprietor

(1) The hotelier shall be obliged to provide the agreed services to an extent corresponding to the standard.

(2) Special services of the accommodation provider which are not included in the accommodation fee and which require an award

(a) special accommodation services which may be charged separately, such as the provision of lounges, sauna and indoor swimming pool, swimming pool, solarium, bunk bath, garaging, etc.

(b) a reduced price shall be charged for the provision of extra beds or cots.

(3) The prices quoted shall be inclusive prices.

§ 11 Liability of the Proprietor for Damages

(1) The accommodation provider is liable for damages suffered by a guest if the damage occurred within the scope of the establishment and if he or his employees are at fault.

(2) Liability for brought-in objects. In addition, the accommodation provider shall be liable as a custodian for the objects brought in by the accommodated guests up to a maximum amount of €1.100,–, unless he proves that the damage was neither caused by him or one of his employees nor by third parties leaving and entering the house.

Under these circumstances, the accommodation provider shall be liable for valuables, money and securities up to a maximum amount of Euro 600,-, unless he has taken these items into custody with knowledge of their condition or the damage was caused by himself or his employees and he is therefore liable without limitation. A refusal of liability by notice shall have no legal effect.

The safekeeping of valuables, money and securities may be refused if the objects in question are considerably more valuable than guests of the establishment concerned usually leave in safekeeping. Agreements by which the liability is to be reduced below the level mentioned in the above paragraphs are invalid. Property shall be deemed to have been brought in if it is taken over by a person in the service of the accommodation establishment or if it is brought to a place designated for this purpose by the accommodation establishment. (In particular §§ 970 ff. ABGB).

§ 12 Keeping of animals

(1) Animals may only be brought into the accommodating establishment with prior permission and, if necessary, for a special fee. Animals are not allowed in the lounges, public and restaurant rooms.

(2) The guest shall be liable for any damage caused by animals brought into the accommodation in accordance with the statutory provisions applicable to animal owners (Section 1320 of the Austrian Civil Code).

§ 13 Extension of the accommodation

An extension of the stay by the guest requires the consent of the accommodation provider.

§ 14 Termination of the accommodation

(1) If the accommodation contract was agreed upon for a certain period of time, it shall end upon expiry of the period. If the guest departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.

However, it is incumbent upon the Proprietor to endeavor to let the rooms not used by the Guest to another party in accordance with the circumstances. In all other respects the regulation in § 5 (5) applies accordingly (deduction percentages).

(2) The death of a guest terminates the contract with the accommodation provider.

(3) If the accommodation contract was concluded for an indefinite period of time, the contracting parties may terminate the contract at any time by giving three days’ notice. The notice of termination must reach the contracting party before 10 a.m., otherwise this day shall not be considered the first day of the notice period, but only the following day.

(4) If the guest does not vacate his/her room by 12 noon, the Proprietor shall be entitled to charge the room rate for another day.

(5) The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect if the Guest

a) makes a considerably disadvantageous use of the rooms or, by his inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other residents to live together or, in relation to the Proprietor and his staff or a person living in the accommodating establishment, is guilty of a punishable offence against property, morality or physical safety; b) is guilty of an offence against property, morality or physical safety; c) is guilty of an offence against property, morality or physical safety; d) is guilty of an offence against property, morality or physical safety; e) is guilty of an offence against property, morality or physical safety.

is guilty of;

b) is afflicted with a contagious disease or a disease exceeding the period of accommodation or is in need of care;

c) fails to pay the bill presented to him/her upon request within a reasonably set period of time.

(6) If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated.

However, the accommodation provider is obliged to return the already received remuneration proportionately, so that he does not gain from the event. (§ 1447 ABGB.)

§ Section 15 Illness or death of the guest in the accommodation establishment

(1) If a guest falls ill during his stay in the lodging establishment, the hotelier shall be obliged to provide medical care if this is necessary and the guest is unable to do so himself.

The Proprietor shall be entitled to the following compensation from the Guest or, in the event of death, from the Guest’s legal successor:

a) possible reimbursement of medical expenses not yet paid by the guest;

b) for the necessary room disinfection, if this is ordered by the public health officer;

c) if necessary, compensation for linen, bedding and bed furnishings that have become unusable, against surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;

d) for the restoration of walls, furnishings, carpets, etc., to the extent that they have been soiled or damaged in connection with the illness or death;

e) for the room rent, as far as it is lost in connection with the illness or the death due to temporary unavailability of the rooms (at least three, at most seven days).

§ 16 Place of Performance and Jurisdiction

(1) The place of performance is the place where the accommodation facility is located.

(2) For all disputes arising from the accommodation contract, it is agreed that the court with factual and local jurisdiction for the accommodation establishment shall have jurisdiction, unless

a) the guest, as a consumer, has a place of employment or residence located within the country; in this case, the place of jurisdiction shall be the place indicated by the guest in the registration;

b) the guest as a consumer has only a domestic place of employment; in this case, this place is agreed as the place of jurisdiction.


The cancellation fees stated in § 5 clauses 1, 2 and 5 have been entered in the Cartel Register, number 1 Kt 617/97-5, in accordance with § 31 in conjunction with § 32 of the Cartel Act as a non-binding association recommendation.

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