General Terms and Conditions
Haus 1683 Wolfbauer
Johnsbach 67
8912 Admont
1. Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated 23 September 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individually agreed arrangements.
2. Definitions
“Accommodation Provider”: A natural or legal person who accommodates guests for remuneration.
“Guest”: A natural person who makes use of accommodation services. As a rule, the guest is also the contractual partner. Persons travelling with the contractual partner (e.g. family members, friends, etc.) are also considered guests.
“Contractual Partner”: A natural or legal person from Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “Entrepreneur”: These terms are to be understood in accordance with the Austrian Consumer Protection Act 1979 as amended.
“Accommodation Contract”: The contract concluded between the accommodation provider and the contractual partner.
3. Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded by the acceptance of the order of the contractual partner by the accommodation provider.
3.2 The accommodation provider is entitled to conclude the contract subject to payment of a deposit.
3.3 The deposit must be paid no later than 7 days prior to arrival. Transaction costs are borne by the contractual partner.
3.4 The deposit constitutes a partial payment of the agreed remuneration.
4. Commencement and End of Accommodation
4.1 Rooms may be occupied from 3:00 p.m. on the agreed day of arrival.
4.2 If a room is used before 6:00 a.m., the preceding night counts as the first overnight stay.
4.3 Rooms must be vacated by 10:00 a.m. on the day of departure.
5. Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If a required deposit is not paid in time, the accommodation provider may withdraw from the contract.
5.2 If the guest does not appear by 8:00 p.m. on the day of arrival, there is no obligation to provide accommodation.
5.3 If a deposit has been paid, the reservation remains valid until 12:00 noon on the following day.
5.4 The accommodation provider may terminate the contract up to 3 months prior to arrival for justified reasons.
Withdrawal by the Contractual Partner
5.5 Cancellation is free of charge up to 3 months before arrival.
5.6 Thereafter the following cancellation fees apply:
- Up to 1 month before arrival: 40%
- Up to 1 week before arrival: 70%
- In the last week before arrival: 90%
Impediments to Arrival
5.7 No payment obligation applies if arrival is impossible due to extraordinary circumstances.
5.8 Payment obligation resumes if arrival becomes possible within three days.
6. Provision of Alternative Accommodation
6.1 The accommodation provider may offer equivalent alternative accommodation if reasonable.
6.2 This applies in cases such as unusable rooms or operational necessity.
6.3 Additional costs are borne by the accommodation provider.
7. Rights of the Contractual Partner
7.1 The contractual partner is entitled to customary use of rooms and facilities.
8. Obligations of the Contractual Partner
8.1 All agreed charges must be paid no later than at departure.
8.2 Foreign currencies may be refused; fees are borne by the contractual partner.
8.3 The contractual partner is liable for damages caused.
9. Rights of the Accommodation Provider
9.1 The accommodation provider has statutory rights of retention and lien.
9.2 Special services outside normal hours may incur additional charges.
9.3 Interim invoicing is permitted.
10. Obligations of the Accommodation Provider
10.1 Services must be provided in accordance with the establishment’s standard.
10.2 Chargeable additional services include:
- Sauna, swimming pool, garage, lounges
- Extra or children’s beds at reduced rates
11. Liability for Items Brought In
11.1 Liability applies in accordance with §§ 970 ff ABGB.
11.2 Liability for slight negligence is excluded.
11.3 Liability for valuables is limited to EUR 550.
11.4 Acceptance of unusually valuable items may be refused.
11.5 Claims must be reported immediately and asserted within three years.
12. Limitation of Liability
12.1 For consumers, liability for slight negligence is excluded except for personal injury.
12.2 For entrepreneurs, liability for slight and gross negligence is excluded.
13. Keeping of Animals
13.1 Animals require prior consent.
13.2 Animals must be properly supervised.
13.3 Appropriate liability insurance is required.
13.4 The contractual partner is liable for damages caused by animals.
13.5 Animals are not permitted in public or wellness areas.
14. Extension of Accommodation
14.1 There is no entitlement to an extension.
14.2 In case of extraordinary circumstances, the contract is extended automatically.
15. Termination of the Accommodation Contract
15.1 Fixed-term contracts end upon expiry.
15.2 Early departure does not reduce payment obligation.
15.3 The contract ends upon the guest’s death.
15.4 Indefinite contracts may be terminated with notice.
15.5 Immediate termination is possible for serious reasons.
15.6 Force majeure permits termination without notice.
16. Illness or Death of the Guest
16.1 Medical care will be arranged if necessary.
16.2 Costs are borne by the guest.
16.3 The accommodation provider may claim reimbursement for related costs.
17. Place of Performance, Jurisdiction, and Choice of Law
17.1 Place of performance is the location of the accommodation.
17.2 Austrian law applies.
17.3 Jurisdiction is the registered office of the accommodation provider.
18. Miscellaneous
18.1 Statutory provisions apply in the event of gaps.
18.2 Declarations must be received by the deadline.
18.3 Set-off rights apply as regulated.
18.4 Applicable statutory law shall apply.