Recommended General

Lodging Contract Terms Of Austria

(Agreed upon at the 93rd meeting of the board of the

Austrian Professional Hotel Association on September 23, 1981)

§ 1 General Terms
§ 2 Parties to the Contract
§ 3 Conclusion of the Contract, Deposit
§ 4 Beginning and End of Lodging
§ 5 Withdrawal from the Lodging Contract
§ 6 Placement in Equivalent Hotels
§ 7 Rights of the Guest
§ 8 Obligations of the Guest
§ 9 Rights of the Hotelier
§ 10 Obligations of the Hotelier
§ 11 Liability of the Hotelier for Damages
§ 12 Pet Keeping
§ 13 Prolongation of the Accommodation
§ 14 Termination of the Accommodation
§ 15 Illness or Death of a Guest in the Lodging Establishment
§ 16 Place of Fulfilment or Competence of the Court


§ 1 General Terms

The Recommended (General) Lodging Contract Terms of Austria provide the basic terms of contract, by which the Austrian hoteliers usually conclude lodging contracts with their guests.

The Recommended (General) Lodging Contract Terms of Austria do not exclude special agreements.


§ 2 Parties to the Contract

(1) In case of doubt, the agent (orderer) is regarded as party to the lodging contract of the hotelier, even if he ordered for or with other persons mentioned by name.

(2) Persons who lay claim to an accommodation are guests in the meaning of the contract terms.


§ 3 Conclusion of the Contract, Deposit

(1) The lodging contract usually becomes effective through acceptance of the written or verbal order of the guest by the hotelier.

(2) It can be agreed that the guest has to pay a deposit.

(3) The hotelier can also claim advance payment of the total remuneration agreed upon.


§ 4 Beginning and End of Lodging

(1) The guest has the right to occupy the rented rooms at 2 p.m. on the agreed day.

(2) The hotelier has the right to withdraw from the contract in the case, that the guest does not show till 6 p.m. on the agreed day of arrival, unless a later arrival time was agreed upon.

(3) In the case that the guest has paid a deposit, the room(s) remain(s) reserved till 12 a.m. of the following day at the latest.

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


§ 5 Withdrawal from the Lodging Contract

(1) Up to three months before the stipulated date of arrival of the guest, the lodging contract can be cancelled by either of the parties by means of a unilateral declaration of cancellation without payment of a cancellation fee. The declaration of cancellation has to be received by both of the contracting parties up to three months before the stipulated day of arrival of the guest.

(2) Up to one month before the stipulated day of arrival of the guest, the lodging contract can be cancelled by either party by means of a unilateral declaration of cancellation. In this case, a cancellation fee must be paid amounting to the equivalent of the room price for three days. The declaration of cancellation has to be received by both of the contracting parties up to one month before the stipulated day of arrival of the guest.

(3) The hotelier has the right to withdraw from the contract in the case, that the guest does not show till 6 p.m. on the agreed day of arrival, unless a later arrival time was agreed upon.

(4) In the case that the guest has paid a deposit, the room(s) remain(s) reserved till 12 a.m. of the following day at the latest.

(5) Even if the guest does not make use of the accommodation and catering services booked, he is obliged to pay the remuneration stipulated in the contract to the hotelier. However, the hotelier must deduct that part of the total remuneration, that he saves by not rendering the services concerned or that he recoups by renting the rooms concerned to other guests. As experience shows, in most cases the amounts saved by the establishment by not rendering the services stipulated generally cover 20 % of the room price and 30 % of the catering charges.

(6) The hotelier is obliged to take all appropriate steps to ensure that the rooms left empty by the cancellation are rented to other guests (§ 1107 ABGB (Austrian Civil Code)).


§ 6 Placement in Equivalent Hotels

(1) The hotelier can offer the guest an adequate placement in an equivalent hotel, if this is reasonable to the guest, especially if the deviation is insignificant and justified.

(2) A factual justification is e.g., when a room has (the rooms have) become unlivable, guests who already moved in prolong their stay or other important measures of the establishment cause this step.

(3) Possible extra costs for the equivalent hotel are at the expense of the hotelier.


§ 7 Rights of the Guest

(1) With the conclusion of the lodging contract, the guest acquires the right to use the rented rooms and furniture of the lodging establishment in a normal way that are usually accessible to use by the guests without special conditions, and the right to the usual service.

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

(3) In the case full board or half board is agreed upon, the guest has the right to claim reasonable equivalent catering (lunch packets) or a voucher for meals he does not take, as far as he announces this in time, meaning till 6 p.m. on the previous day.

(4) Otherwise, the guest has no claim for compensation, when the hotelier offers service accordingly, and the guest does not take the meals agreed upon within the usual time of day and in the rooms meant for taking them.


§ 8 Obligations of the Guest

(1) With cancellation of the lodging contract, the remuneration agreed upon has to be paid. Foreign currencies will be taken by the hotelier in part exchange, usually at the current rate. The hotelier is not obliged to accept cashless means of payment e.g. checks, credit cards, vouchers, etc. All costs necessary with the acceptance of these securities, e.g. for telegrams, inquiries, etc. are at the expense of the guest.

(2) In case food or drinks are available at the lodging establishment, but are taken there and are consumed in public rooms, the hotelier has the right to claim a reasonable compensation (a so-called "cork-money" for drinks).

(3) Before putting electronic devices into operation, that are brought by the guests and do not belong to the usual travel needs, the agreement of the hotelier has to be obtained.

(4) For damages caused by the guest, the provisions of the damage law have to be applied. Therefore, the guest is liable for each damage and disadvantage that he causes through his own fault or the fault of his companion or other persons he is responsible for, to the hotelier or third persons, also in a case, when the person who suffered damage has the right to lay claim directly on the hotelier for damage compensation.


§ 9 Rights of the Hotelier

(1) If the guest refuses payment of the amount agreed upon or if he is in arrears, the owner of the lodging establishment has the right to retain the belongings of the guest to secure charges for accommodation and catering as well has his expenses for the guest (§ 970c ABGB (Austrian Civil Code) - legal right of retention).

(2) The hotelier has a lien on the belongings the guest brought with him to secure the remuneration agreed upon (§ 1101 ABGB (Austrian Civil Code) legal lien of the hotelier).

(3) If room service is requested or service at exceptional times of day, the hotelier has the right, to claim a special remuneration; This special remuneration has, however, to be stated on the room price board. He can also refuse this service for operational reasons.


§ 10 Obligations of the Hotelier

(1) The hotelier is obliged to provide the service agreed upon to an extent according to standard.

(2) Special service of the hotelier subject to price labelling, that are not included in the lodging remuneration:

a) Special service of accommodation, that can be charged separately, e.g. provision of drawing-rooms, sauna and indoor swimming pools, outdoor pools, solarium, pools on special floors, garage, etc.

b) For the provision of additional- or children's beds a reduced price is charged.

(3) The prices labelled have to be inclusive-prices.


§ 11 Liability of the Hotelier for Damages

(1) The hotelier is liable for damages, that a guest suffers, when the damage happened within the establishment and the hotelier or his staff caused the damage.

(2) Liability for assets brought in. Beyond that, the hotelier as depositary is liable for the belongings of the guests he accommodates up to a maximum amount of Euro 1.100,-, unless he proves that the damage was neither caused by him or one of his staff members, nor by foreigners entering and leaving the house. Under the circumstances the hotelier is liable for valuables, money and securities up to a maximum amount of Euro 550,-; Unless he took on these belongings in the knowledge of their nature to hold them in trust or that the damage was caused by himself or one of his staff members, and he, therefore, is liable unrestrictedly. A refusal of liability by means of placards has no legal effect. The safe-keeping of valuables, money and securities can be refused, when they are much more valuable than those belongings, the guests of this establishment usually deposit. Agreements, by which the liability is reduced below the extent stated in the paragraphs above are ineffective. Belongings are then regarded as brought in, when they are taken on by a person employed by the lodging establishment or are brought to a location destined and assigned for this purpose by this person (Especially §§ 970 ff. ABGB (Austrian Civil Code).


§ 12 Pet Keeping

(1) Pets may only be taken along to the lodging establishment upon previous permission and, sometimes, against a special remuneration. Pets may not stay in the drawing-rooms, public and restaurant rooms.

(2) The guest is liable for the damage, that the pets he brought with him cause, according to the legal provisions effective for the pet keeper (§ 1320 ABGB (Austrian Civil Code)).


§ 13 Prolongation of the Accommodation

(1) For a prolongation of the guest's stay the agreement of the hotelier is necessary.


§ 14 Termination of the Accommodation

(1) In case the lodging contract was concluded for an indefinite period, it ends with the laps of time. If the guest leaves the hotel prematurely, the hotelier has the right to claim the full remuneration agreed upon. The hotelier is, nevertheless, obliged to take all appropriate steps to ensure that the rooms left empty by the cancellation are rented to other guests.

As for the rest, the provision in § 5 (5) has to be applied analogically (deduction percentage).

(2) The contract with the hotelier ends with the death of a guest.

(3) In case the lodging contract was concluded for an indefinite period, the parties to the contract can cancel the contract observing a term of notice of three days at any time. The notice has to reach the party to the contract not later than 10 a.m., otherwise that day does not count as the first day of term of notice, but the following day.

(4) If the guest does not leave his room till 12 a.m., the hotelier has the right to charge the room price for another day.

(5) The hotelier has the right to cancel the lodging contract as of now, in case the guest

a) does use the rooms in a considerably disadvantageous way or spoils the stay of the other guests by his ruthless, indecent or even impertinent behaviour, or falls guilty of a punishable action against property, morality or physical security against the hotelier or his staff or a guest living in the lodging establishment;

b) becomes infested by an infectuous or the duration of the stay exceeding disease or in need of care;

c) does not pay the bill submitted to him upon request within a reasonably fixed period of time.

(6) If the fulfilment of the contract becomes impossible by an event regarded as unforseeable (force majeure), the contract is cancelled. The hotelier is, nevertheless, obligated to return the remuneration already received proportionately, that he does not make any profit of the event (§ 1447 ABGB (Austrian Civil Code)).


§ 15 Illness or Death of a Guest in the Lodging Establishment

(1) If a guest gets ill during his stay in the lodging establishment, the hotelier is obligated to provide medical care, if this is necessary and the guest is in no position to do that himself. The hotelier has the following refund of expenses claim against the guest or in case of death against his legal successor:

a) Possible refund of medical costs not yet paid by the guest;

b) For the necessary desinfection of the room, if this is ordered by the medical officer;

c) Possible compensation for the laundry, bed linen and bed furniture that has become useless against delivery to the hand of the legal successor or for the desinfection or thourough cleaning of all these items from the legal successor;

d) For the restoration of walls, furniture, carpets, etc., as far as they became soiled or damaged in connection with the illness or death;

e) For the room rent, as far as it remains unpaid in connection with the illness or death due to the inavailability of the rooms for a period of time (at the minimum three, at the maximum seven days).


§ 16 Place of Fulfilment or Competence of the Court

(1) Place of fulfilment is the location, where the lodging establishment is situated.

(2) For all disputes arising from the lodging contract, the factual and local competent court for the lodging establishment is agreed upon, except for the fact that

a) The guest as consumer has a place of work or residence in the inland; In this case, as competence of the court that location is agreed upon, that was stated in the registration by the guest;

b) The guest has as consumer only a place of work in the inland; In this case this place will be agreed upon as competence of the court.


The cancellation fees stated in § 5 ciph. 1, 2 and 5 are registered in the cartel register, ciph. 1 Kt 617/91-5, in accordance with § 31 in connection with § 32 Kartellgesetz (Law on Cartels) as recommendation by the association without obligation.

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