GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006
(AGBH 2006)
Version dated 11/15/2006

Section 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “GTC 2006”) replace the previous Austrian Hotel Contract Conditions (ÖHVB) in the version dated September 23, 1981.
1.2 The GTC 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

Section 2 Definitions
2.1 Definitions:
“Accommodation Provider”: Refers to a natural or legal person who accommodates guests for a fee. “Guest”: is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons traveling with the contractual partner (e.g. family members, friends, etc.).
“Party”: A natural or legal person in Austria 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 contracting party, the content of which is regulated in more detail below.

Section 3 Conclusion of Contract – Down Payment
3.1 The accommodation contract is concluded upon the acceptance of the contracting party’s order by the accommodation provider. Electronic declarations are deemed received when the party for whom they are intended can access them under normal circumstances and receipt occurs during the accommodation provider’s stated business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party makes a down payment. In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the Party’s written or verbal order. If the contracting party agrees to the down payment (in writing or orally), the accommodation contract is concluded upon receipt of the declaration of consent regarding the payment of the down payment from the
contracting party by the accommodation provider.
3.3 The contracting party is obliged to pay the down payment no later than 7 days (receipt) before the accommodation begins. The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards,
the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment toward the agreed fee.

Section 4 Beginning and End of Accommodation
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to occupy the rented rooms from 4:00 PM on the agreed day (“arrival day”).
4.2 If a room is occupied for the first time before 6:00 AM, the preceding night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 PM 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.

Section 5 Rescission of the Accommodation Contract – Cancellation Fee
Rescission by the Accommodation Provider
5.1 If the accommodation contract provides for a down payment and the down payment was not made by the contracting party on time, the accommodation provider may rescind the accommodation contract without a grace period.
5.2 If the guest does not appear by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time has been agreed upon.
5.3 If the contracting party has made a down payment (see 3.3), the rooms shall remain reserved until no later than 12:00 PM on the day following the agreed arrival day. For advance payments of more than four days, the accommodation obligation ends at 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 No later than 3 months before the agreed arrival day of the contracting party, the accommodation contract may be dissolved by the accommodation provider for objectively justified reasons, unless otherwise agreed, by
unilateral declaration.
Rescission by the Contracting Party – Cancellation Fee
5.5 No later than 3 months before the agreed arrival day of the guest, the accommodation contract may be dissolved by the contracting party by unilateral declaration without payment of a cancellation fee.
5.6 Outside the area specified in § 5.5. specified period, rescission by unilateral
declaration of the contracting party is only possible upon payment of the following cancellation fees:
– up to 1 month before the arrival day: 40% of the total arrangement price;
– up to 1 week before the arrival day: 70% of the total arrangement price;
– within the last week before the arrival day: 90% of the total arrangement price.
up to 3 months: no cancellation fees
3 months to 1 month: 40%
1 month to 1 week: 70%
Within the last week: 90%

Obstructions to Arrival
5.7 If the contracting party cannot appear at the accommodation establishment on the day of arrival because all travel options are impossible due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the contracting party 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 moment arrival becomes possible again, provided that arrival is possible again within three days.

Section 6 Provision of Substitute Accommodation
6.1 Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

Section 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms and the facilities of the accommodation establishment that are typically accessible for use by guests without special conditions, as well as to the usual service.
The contracting party must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

Section 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed fee plus any additional amounts incurred due to separate services utilized by them and/or the guests accompanying them, plus statutory value-added tax, no later than the time of departure.
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 daily exchange rate if possible. Should the accommodation provider accept foreign currencies or non-cash means of payment, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodation provider for any damage caused by them, the guest, or other persons who receive services from the accommodation provider with the knowledge or will of the contracting party.

Section 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the stipulated fee or is in arrears, the accommodation provider is entitled to the statutory right of retention pursuant to Section 970c ABGB as well as the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the contracting party or the guest. This right of retention or lien further serves the accommodation provider to secure their claims from the accommodation contract, in particular for catering, other expenses made for the contracting party, and for any compensation claims of any kind.
9.2 If service is requested in the contracting party’s room or at extraordinary times of day (after 8:00 PM and before 6:00 AM), the accommodation provider is entitled to charge a special fee. This special fee must, however,
be indicated on the room rate board. The accommodation provider may also refuse these services for operational reasons.
9.3 The accommodation provider has the right to issue an invoice or interim invoice for their services at any time.

Section 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obliged to provide the agreed services to an extent corresponding to their standard.
10.2 Examples of special services of the accommodation provider that are subject to mandatory disclosure and are not included in the accommodation fee include:
a) Special accommodation services that can be invoiced separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garage parking, etc.;
b) A reduced
price will be charged for the provision of extra beds or children’s beds.

Section 11 Liability of the Accommodation Provider for Damage to Items Brought In
11.1 The accommodation provider is liable pursuant to Sections 970 et seq. ABGB for items brought in by the contracting party. The Proprietor shall only be liable if the items have been handed over to the Proprietor or to persons authorized by the Proprietor or have been taken to a place instructed or designated for this purpose by the Proprietor. If the Proprietor is unable to provide proof, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons. Pursuant to § 970 para. 1 ABGB, the accommodation provider is liable up to the maximum amount stipulated in the Federal Law of November 16, 1921 on the liability of innkeepers and other entrepreneurs, as amended. If the Party or the Guest does not immediately comply with the Proprietor’s request to deposit their items in a special storage location, the Proprietor shall be released from any liability. The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault of the contracting party or guest must be taken into account.
11.2 For valuables, money, and securities, the accommodation provider is only liable up to the current amount of €550. The Proprietor shall only be liable for any further damage in the event that it has accepted these items for safekeeping with knowledge of their condition or in the event that the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 applies accordingly.
11.3 The accommodation provider may refuse to store valuables, money, and securities if the items are significantly more valuable than those usually given for safekeeping by guests of the accommodation establishment in question.

Section 12 Limitations of Liability
12.1 If the contracting party is an entrepreneur, the liability of the accommodation provider for slight and gross negligence is excluded. In this case,
the contracting party bears the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits will not be compensated. In any case, the damage to be compensated is limited to the amount of the legitimate interest.

Section 13 Keeping of Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if applicable, for a special fee. 13.2 A contracting party who brings an animal is obliged to properly keep or supervise this animal during their stay or to have it kept or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that also covers possible damage caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodation provider.
13.4 The contracting party or their insurer is jointly and severally liable to the accommodation provider for damage caused by animals brought along. The damage specifically includes any compensation payments that the accommodation provider must provide to third parties.
13.5 Animals are not permitted in the lounges, social rooms, restaurant areas, or wellness areas.

Section 14 Extension of Accommodation
14.1 The contracting party has no claim to an extension of their stay. If the Party notifies the Proprietor of its wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider has no obligation to do so.
14.2 If the contracting party cannot leave the accommodation establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to charge at least the price that corresponds to the price usually charged in the low season.

Section 15 Termination of the Accommodation Contract – Premature Dissolution
15.1 If the accommodation contract was concluded for a fixed term, it ends upon the expiry of that term.
15.2 The contract with the accommodation provider ends upon the death of a guest.
15.3 If the accommodation contract was concluded for an indefinite period, the contracting parties may dissolve the contract by 10:00 AM on the third day before the intended end of the contract.
15.4 The accommodation provider is entitled to dissolve the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
b) is afflicted by an infectious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
c) does not pay the invoices submitted when due within a reasonably set period (3 days).
15.5 If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g., natural disasters, strike, lockout, official orders, etc.), the accommodation provider may dissolve the accommodation contract at any time without observing a notice period, provided the contract is not already deemed dissolved by law or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages etc. by the contracting party
are excluded.

Section 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest’s request. In case of imminent danger, the accommodation provider will arrange for medical care even without the guest’s specific request, particularly if this is necessary and the guest is not in a position 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 arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the point in time when the guest can make decisions or the relatives have been notified of the illness.
16.3 The accommodation provider has claims for reimbursement against the contracting party and the guest, or in the event of death against their legal successors, in particular for the following costs: a) outstanding medical costs, costs for patient transportation, medication and medical aids b) necessary room disinfection,
c) linen, bedding, and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items, d) restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death,
e) room rent, insofar as the room was occupied by the guest, plus any days the rooms were unusable due to disinfection, clearing, or similar,
f) any other damages incurred by the accommodation provider.

Section 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international 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 for bilateral business transactions shall be the domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer’s place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer’s place of residence shall have exclusive jurisdiction for actions against the consumer.

Section 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a period begins to run upon delivery of the document ordering the period to the contracting party who must observe the period. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based is not included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of that month is decisive.
18.2 Declarations must have reached the other contracting party by the last day of the period (12:00 midnight).
18.3 The accommodation provider 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 accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or recognized by the accommodation provider.
18.4 In the event of regulatory gaps, the corresponding statutory provisions shall apply. The “General Terms and Conditions for the Hotel Industry 2006 – (AGBH 2006)” apply to all bookings/reservations.