Austrian Hotel Contract Regulations

§ 1 General Information

The (General) Austrian Hotel Contract Regulations represent the standard content of those contracts which Austrian lodging providers generally conclude with their guests. The Austrian Hotel Contract Regulations do not exclude separate agreements.


§ 2 Parties to the Contract

When in doubt, the lodging provider is considered to have entered into a contractual agreement with that person who has placed the lodging reservation, even if the latter party has specifically named other parties for/with whom s/he is reserving said lodgings.
Those parties availing themselves of the use of said lodgings are termed guests within the scope of the contract.


§ 3 Concluding of the Contract, Deposit

In general, the lodging contract comes into effect upon the acceptance of the guest’s written or verbal reservation by the lodging provider.
Parties may enter into an agreement wherein the guest will provide a deposit.
The lodging provider may also demand an advanced payment of the entire agreed upon remuneration.


§ 4 Commencement and Termination of Lodging

The guest has the right to check into the rented room(s) after 2pm of the stipulated arrival date.
In the event that the guest does not arrive by 6pm of the stipulated arrival date, the lodging provider has the right to withdraw from the contract, unless a later arrival time has already been agreed upon.
In the event that the guest has already made a deposit, the room(s) will remain reserved until no later than 12 noon of the following day.
If a room is first occupied prior to 6am, then the previous night counts as the first night’s stay.
The rented rooms must be vacated by the guest prior to 12 noon of the departure date.


§ 5 Withdrawal from the Lodging Contract

Until no later than three months prior to the stipulated guest arrival date, either party may dissolve the lodging contract unilaterally without payment of a cancellation fee. The cancellation declaration must be in the hands of the other contracting party no later than three months prior to the stipulated guest arrival date.
Until no later than one month prior to the stipulated guest arrival date, either party may dissolve the accommodation contract unilaterally, though a cancellation fee in the amount of three days room rental must be paid. The cancellation declaration must be in the hands of the other contracting party no later than one month prior to the stipulated guest arrival date.
In the event that the guest has not arrived by 6pm of the stipulated arrival date, the lodging provider has the right to withdraw from the contract, unless a later arrival time has already been agreed upon.
In the event that the guest has already made a deposit, the room(s) will remain reserved until no later than 12 noon of the following day.
Even if the guest does not avail him-/herself of the reserved rooms and/or board, the guest remains obligated to the lodging provider in the sum of the stipulated remuneration. The lodging provider must, however, deduct any sum resulting from savings incurred due to the guest’s failure to avail him-/herself of services, as well as from renting out of the reserved accommodations to other parties. Experience has shown that, in most cases, the establishment’s savings resulting from non-use of services amounts to 20 percent of the room rental, as well as 30 percent of the board price.
It is incumbent upon the lodging provider to make appropriate efforts to rerent the non-used rooms to other parties (§1107 AUSTRIAN CIVIL CODE).


§ 6 Provision of Replacement Lodgings

The lodging provider may provide the guest with adequate replacement lodgings if this is reasonable with respect to the guest, especially if the change is minimal and justifiable due to the facts.
Factual justification would occur in the events, for example, that the room(s) have become unusable, that already accommodated guests have extended the length of their stay, or when other operational needs make such a step necessary.
All additional expenditures incurred due to the provision of replacement accommodations shall be born at the lodging provider’s expense.


§ 7 Guest Rights

By concluding a lodging contract, the guest acquires the right to standard usage of the rented rooms, to the facilities of the establishment which are normally available for guest usage and without any type of special stipulations, as well as to usual services.
The guest has the right to occupy the rented rooms after 2pm of the stipulated date.
If full- or half-board is stipulated, the guest has the right to demand appropriate replacement meals (pack lunch) or a voucher for those meals which are not taken, but only if the guest notifies the lodging establishment by 6pm of the previous day.
Otherwise, the guest has no right to require compensatory services for stipulated meals which are not taken during the usual meal times or in the rooms which are designated for such services.


§ 8 Guest Obligations

At the concluding of the lodging contract, the stipulated remuneration is to be paid. Foreign currencies are accepted in payment whenever feasible and according to that day’s currency exchange rate. The lodging provider is not obliged to accept cashless modes of payment such as cheques, credit cards, coupons, vouchers etc. All necessary costs incurred through the acceptance of such modes, such as for telegrams, inquiries etc., will be born by the guest.
When foods or beverages are available at the establishment, but are brought in and consumed in public rooms, the lodging provider has the right to charge appropriate compensation (referred to as "cork money" with respect to drinks).
Before the operation of any electrical appliances which have been brought along by guests and do not constitute usual travel equipment, permission must be obtained from the lodging provider.
In the event of any damages caused by the guest, Austrian liability laws apply. Consequently, the guest is responsible for all damages and detriments suffered by the lodging provider or third parties due to the fault of the guest, of anyone accompanying the guest, or of other persons for whom the guest is responsible, even if the injured party is entitled to redress of damages directly from the lodging provider.


§ 9 Lodging Provider Rights

In the event that the guest refuses payment of the occasioned remuneration, or if s/he is in arrears, then the proprietor of the lodgings has the right to withhold property which the guest has brought into the lodging establishment, thereby securing the latter’s demands with respect to board and lodging as well as expenditures on the guest’s behalf. (§970c AUSTRIAN CIVIL CODE Legal Right to Withhold Property.)
In order to secure the stipulated remuneration, the accommodation provider has hypothecary rights to property which the guest has brought into the lodging establishment. (§1101 AUSTRIAN CIVIL CODE Hypothecary Rights of the Lodging Provider.)
If service is demanded in the guest’s room or at unusual times of day, the lodging provider is entitled to demand special remuneration for said service; such special charges must, however, be indicated on the price list posted in the guest room. The lodging provider may also refuse such service for business reasons.


§ 10 Duties of the Lodging Provider

The lodging provider is obliged to provide stipulated services to an extent that corresponds to industry standards.
The following special services which are not included in the lodging charges must be quoted separately:
special lodging services which can be billed separately, such as the readying of a salon, sauna, in- or outdoor pool, solarium, extra bathroom, garage facilities, etc.;
discounted charges for the readying of roll-away beds or cribs.
Quoted prices must be all-inclusive charges


§ 11 Damage Liability of the Lodging Provider

The lodging provider is liable for damages suffered by the guest, if such damage has occurred within the framework of the lodging establishment and if said provider or his/her staff is at fault.
Liability for property brought in by the guest. As custodian of property brought in by guests accepted into his/her establishment, the lodging provider is also liable for an amount of no more than ATS 15,000, unless the provider proves that the damage was neither caused by him/her, nor by any of the staff, nor by any other parties entering or exiting the establishment. Under such circumstances, the lodging provider is responsible for valuables, money and securities up to an amount not to exceed ATS 7,500; this is not the case in the event that the lodging provider has accepted safekeeping of these objects in full knowledge of their condition, or if the damage was causes either by the provider or his/her staff, in which case s/he is subject to unlimited liability. A posted denial of liability is without legal effect. The safekeeping of valuables, money and securities may be denied in the event that such property is significantly more valuable than property which is generally placed in safekeeping by customers of the particular establishment. Agreements, through which liability is to be reduced below the degree stated in the above paragraphs, are without effect. Guest property is considered to be that which has been accepted by a person on the staff of the lodging establishment, or which has been brought to a particular location which has been designated by said staff person. (note especially §§ 970 ff. AUSTRIAN CIVIL CODE.)


§ 12 Keeping Pets

Pets may only be brought into the lodging establishment if prior consent has been obtained and in return for special remuneration. Animals may not reside in salons, common rooms and restaurant space.
The guest is responsible for damages caused by pets s/he brings along, according to applicable legal statute (§1320 AUSTRIAN CIVIL CODE)


§ 13 Extension of Stay

An extension of the guest’s stay requires the consent of the lodging provider.


§ 14 Termination of Lodging

If the contract for lodging stipulated a specific time period, then said contract will terminate at the conclusion of this time. Should the guest leave prematurely, then the lodging provider has the right to demand the full amount of the stipulated remuneration. It is incumbent upon the lodging provider, however, to make appropriate efforts to rent out the unused rooms to other parties. Otherwise, relevant regulations expressed in §5 (5) apply.
In the event of the death of the guest, the contract with the lodging provider is terminated.
If the accommodation contract is for an indefinite time period, contracting parties may terminate said contract at any time after having provided three days notice. This notice must reach the other contracting party prior to 10am, otherwise this day will not constitute the first day of notice, it being instead the following day.
If the guest fails to vacate his/her room by 12 noon, the lodging provider has the right to charge the room price for an additional day.
The lodging provider has the right to terminate contract for lodging with immediate effect if the guest
injuriously misuses the accommodations or, through inconsiderate, offensive or otherwise grossly inappropriate behavior, spoils the stay of other guests, or if same guest is guilty of a legally punishable act against the property, morals or physical safety of the lodging provider or staff or any person residing in the establishment;
is afflicted by a disease which is infectious or will exceed the length of the lodging period, or if s/he becomes in need of medical care;
fails to pay the bills the demands for which have been presented in a timely fashion.


§ 15 Sickness or Death of the Guest while at Establishment Providing Accommodation

In the event a guest becomes ill during his/her stay at the lodging establishment, the lodging provider is obliged to secure medical care if it should be necessary and the guest is unable to do so him-/herself. The lodging provider has a right to the following remuneration for incurred expenses from either the guest or, in the event of death, from the guest’s legal heir:
compensation for all incurred medical expenses not settled by the guest;
for necessary room disinfection, should this be required by the public health officer;
compensation for all linens, bed linens and bedding equipment that have been made unusable, whereupon such objects shall be delivered over to the legal heirs, or for the disinfection or thorough cleaning of all such objects;
for the restoration of walls, furnishings, carpeting etc. which have been dirtied or damaged as a result of the illness or death;
for the room rental price, to the extent that the room becomes temporarily unusable as a consequence of the illness or death (no less than three and no more than seven days).


§ 16 Place of Performance and Place of Jurisdiction

Place of performance is the site where the lodging establishment is located.
For all disputes concerning the accommodation contract, the lodging establishment’s local competent court has jurisdiction, except in the event that
the guest has, as a consumer, a place of residence or place of employment within Austria; in said instance, the place of jurisdiction will be the town cited by the guest on his/her registration form;
the guest has, as a consumer, only an Austrian place of employment; in such instance, said place becomes the place of jurisdiction.

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