These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the former Austrian Hotel Contract Conditions (ÖHVB) as amended on 23 September 1981.
The AGBH 2006 do not exclude special agreements. The AGBH 2006 apply only subsidiarily to any individually concluded agreements.
“Proprietor” (Accommodation Provider):
means a natural or legal person who accommodates guests in return for payment.
“Guest”:
means a natural person who makes use of accommodation. The guest is usually also the contracting party.
Persons who travel with the contracting party (e.g., family members, friends, etc.) are likewise deemed guests.
“Party” (Contracting Party):
means a natural or legal person, whether domestic or foreign, who enters into an accommodation agreement either as a guest or on behalf of a guest.
“Consumer” and “Entrepreneur (Business)”:
these terms shall have the meaning assigned to them in the Austrian Consumer Protection Act of 1979, as amended.
“Accommodation Agreement” (Accommodation Contract):
means the contract concluded between the Proprietor and the Party, the content of which is further defined below.
The Accommodation Agreement is formed when the Proprietor accepts the Party’s booking.
Electronic declarations shall be deemed received once the Party for whom they are intended can retrieve them under ordinary circumstances and such retrieval occurs during the business hours announced by the Proprietor.
The Proprietor is entitled to conclude the Accommodation Agreement on the condition that the Party pays a deposit.
In such a case, the Proprietor must inform the Party of the required deposit before accepting the Party’s written or oral booking.
If the Party agrees to the deposit (verbally or in writing), the Accommodation Agreement is deemed concluded once the Proprietor receives the Party’s declaration of consent to pay the deposit.
The Party shall pay the deposit no later than 7 days before the commencement of the stay, with the funds having been received by that deadline.
All costs of the money transaction (e.g., bank-transfer fees) are borne by the Party. For credit- and debit-card payments, the terms and conditions of the respective card companies apply.
The deposit constitutes a partial payment of the agreed price.
Unless the Proprietor offers a different check-in time, the Party is entitled to occupy the rented rooms from 4:00 p.m. on the agreed date (“day of arrival”).
If a room is occupied for the first time before 6:00 a.m., the preceding night shall count as the first overnight stay.
The rented rooms must be vacated by the Party by 12:00 noon on the day of departure. If the rooms are not vacated on time, the Proprietor is entitled to charge for an additional day.
If the Accommodation Agreement stipulates a deposit and the Party fails to pay that deposit within the specified time, the Proprietor may withdraw from the Accommodation Agreement without granting any grace period.
If the guest has not arrived by 6:00 p.m. on the agreed day of arrival, the Proprietor is under no obligation to provide accommodation, unless a later arrival time has been agreed.
If the Party has paid a deposit (see 3.3), the rooms will remain reserved until 12:00 noon on the day following the agreed day of arrival.
If the deposit covers more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, counting the day of arrival as the first day, unless the guest notifies the Proprietor of a later arrival date.
The Proprietor may terminate the Accommodation Agreement by unilateral declaration—unless otherwise agreed—for objectively justified reasons, provided such termination is made no later than three months before the Party’s agreed day of arrival.
Termination by the Party – Cancellation Fee
The Party may terminate the Accommodation Agreement by unilateral declaration without incurring any cancellation fee, provided this is done no later than three months before the guest’s agreed day of arrival.
Outside the period set out in § 5.5, the Party may cancel the Accommodation Agreement by unilateral declaration only upon payment of the following cancellation fees:
up to 3 months | 3 months to 1 month | 1 month to 1 week | within the last week |
no cancellation fee | 40 % | 70 % | 90 % |
Impediments to Arrival
If, on the day of arrival, the Party is unable to appear at the accommodation establishment because unforeseeable extraordinary circumstances (e.g., heavy snowfall, flooding, etc.) make all means of travel impossible, the Party shall not be obliged to pay the agreed remuneration for the day(s) of arrival.
The obligation to pay the agreed remuneration for the booked stay revives as soon as travel becomes possible again, provided that arrival is possible within three days.
The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.
By concluding 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 customarily accessible to the guests for use without special conditions, and to the customary service. The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all related costs, such as inquiries with credit card companies, telegrams, etc.
The Party shall be liable to the Proprietor for any damage caused by him or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.
If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c ABGB and the statutory lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
If service is requested in the room of the Party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to charge a special fee for such service. However, this special charge shall be indicated on the room price list. The accommodation provider may also refuse these services for operational reasons.
The Proprietor shall have the right to invoice or interim invoice its services at any time.
The accommodation provider is obligated to deliver the agreed services to a standard appropriate to their category.
Special services provided by the accommodation provider that are not included in the accommodation fee and must be clearly indicated include, for example:
The accommodation provider is liable in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB) for items brought in by the contractual partner. The accommodation provider’s liability only applies if the items have been handed over to the provider or to authorized personnel, or have been brought to a location designated or instructed by them. Unless the accommodation provider can prove otherwise, they are liable for their own fault or the fault of their staff as well as of persons entering and leaving the premises.
Pursuant to Section 970 (1) ABGB, the accommodation provider’s liability is limited to the amount specified in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended.
If the contractual partner or guest fails to immediately comply with the accommodation provider’s request to store their belongings in a designated storage location, the provider shall be released from any liability.
Any potential liability on the part of the accommodation provider is limited to the amount covered by the provider’s liability insurance. Any fault on the part of the contractual partner or guest must be taken into account.
The accommodation provider shall not be liable for slight negligence. If the contractual partner is a business entity (entrepreneur), liability is also excluded for gross negligence. In such cases, the burden of proof for establishing fault lies with the contractual partner. Consequential damages, indirect damages, and loss of profit shall under no circumstances be compensated.
The accommodation provider shall be liable for valuables, money, and securities only up to a current maximum amount of €550. Liability for any damage exceeding this amount shall apply only if the accommodation provider has accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by the provider or one of their staff. The limitations of liability set out in Sections 12.1 and 12.2 shall apply accordingly.
The accommodation provider may refuse to accept valuables, money, and securities for safekeeping if they are significantly more valuable than items typically entrusted for safekeeping by guests of the accommodation establishment in question.
In any case of accepted safekeeping, liability is excluded if the contractual partner and/or guest does not notify the accommodation provider of the damage without undue delay upon becoming aware of it. Furthermore, such claims must be asserted in court within three years from the date the contractual partner or guest became aware, or could reasonably have become aware, of the damage; otherwise, the right to claim shall be forfeited.
If the contractual partner is a consumer, the accommodation provider’s liability for slight negligence shall be excluded, except in cases of personal injury.
If the contractual partner is an entrepreneur, the accommodation provider’s liability for slight and gross negligence shall be excluded. In this case, the burden of proof for establishing fault lies with the contractual partner. Consequential damages, non-pecuniary damages, indirect damages, and loss of profits shall not be compensated. The amount of damages to be compensated shall, in any case, be limited to the extent of the interest in reliance.
Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, against a separate fee.
The contractual partner who brings an animal is obligated to properly care for and supervise the animal during their stay, or to have the animal cared for and supervised by a suitable third party at their own expense.
The contractual partner or guest who brings an animal must have an appropriate animal liability insurance or private liability insurance that also covers any damages caused by the animal. Proof of such insurance must be provided upon request by the accommodation provider.
The contractual partner or their insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. Such damage particularly includes any compensation claims that the accommodation provider must satisfy towards third parties.
Animals are not allowed in lounges, common rooms, restaurant areas, and wellness facilities.
The contractual partner has no entitlement to an extension of their stay. If the contractual partner timely notifies their desire to extend the stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
If the contractual partner is unable to leave the accommodation establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.) which render all departure options blocked or unusable, the accommodation contract shall be automatically extended for the duration of the impossibility to depart. A reduction of the fee for this period shall only be possible if the contractual partner is unable to fully utilize the services offered by the accommodation establishment as a result of the extraordinary weather conditions. The accommodation provider shall be entitled to charge at least the fee corresponding to the usual price during the low season.
These privacy policies apply to all visitors and users of the data controller’s website. They provide information about the nature, scope, and purpose of the collection and processing of personal data.
“Personal Data”: Information relating to an identified or identifiable natural person.
“Processing”: Any operation or set of operations performed on personal data, whether or not by automated means.
“Controller”: The natural or legal person who determines the purposes and means of the processing of personal data.
“Data Subject”: Any natural person whose personal data are processed.
The processing of personal data is carried out in accordance with the provisions of the General Data Protection Regulation (GDPR), in particular based on:
Personal data is only collected if it is voluntarily provided by the user (e.g., via the contact form, newsletter registration, or when placing orders).
Data processing is carried out exclusively for the specific purpose of the respective inquiry or service.
Personal data will not be transferred to third parties unless:
it is necessary for the fulfillment of the contract,
The website uses cookies to improve user experience and to analyze usage behavior.
Users are informed about the use of cookies upon their first visit and can make individual settings.
Analytics tools (e.g., Google Analytics) are used only with the user’s consent.
Data subjects have the following rights under the GDPR, in particular:
Appropriate technical and organizational measures are taken to ensure the security of personal data and, in particular, to prevent unauthorized access, loss, or misuse.
Personal data is only retained for as long as necessary to achieve the respective purpose or as required by statutory retention obligations.
After the purpose has been fulfilled or the retention period has expired, the data will be deleted or anonymized.
The transfer of personal data to countries outside the EU/EEA takes place only if:
The data controller for this website is:
AK Projektmanagement GmbH
Elisabethstraße 10/5
support@home1.at