When a room has been booked, we request a deposit of € 150.- per person. Upon receipt of your deposit, your room reservation is guaranteed. You can cancel your booked vacation free of charge until 28 days before arrival date. If you cancel your trip between 28 and 7 days before arrival date, we invoice 70% of the reserved package. For cancellations in the last 7 days before arrival date, we invoice 90 % of the reservation price. This is also valid in case of early departure.
Austrian Hotel Contract Regulations (ÖHVB)
(per resolution passed at the 93rd committee meeting of the Hotellerie Branch Commission on 23 September 1981)
Art. 1 General
The (general) Austrian Hotel Contract Regulations apply to every contractual subject which Austrian hosts customarily offer their guests. The Austrian Hotel Contract Regulations do not rule out or exclude special arrangements.
Art. 2 Contractual partners
(1) In case of any doubt or dispute, contractual partners of the host are the persons who place the order, even if for other persons.
(2) The person who occupies the host accommodations are considered guests in the definition of these regulations.
Art. 3 Closing the contract, Deposit
(1) The host/guest contract is customarily created through the host’s acceptance of a written or oral order on the part of the guest.
(2) It can be agreed upon that the guest makes a deposit.
(3) The host can also require pre-payment of the entire cost of the reservation.
Art. 4 Beginning and end of accommodations
(1) The guest has the right to occupy the reserved rooms as of 2:00 pm on the day of arrival.
(2) The host has the right, in case the guest has not appeared by 6:00 pm on the day of arrival, to cancel the contract unless a later arrival time has been arranged.
(3) If the guest has made a deposit, the room(s) remain reserved until 12:00 noon of the following day at latest.
(4) If a room is occupied before 6:00 am on arrival day, the previous night is considered as the first accommodation day.
(5) The reserved rooms must be vacated by 12:00 noon on day of departure.
Art. 5 Cancellation of accommodations contract
(1) Until 3 months before a guest’s arranged day of arrival at latest, the contract can be cancelled by either contractual partner without any cancellation costs. The cancellation must be received by the contractual partner at the latest three months before the arranged day of arrival.
(2) Until one month before a guest’s arranged day of arrival at latest, the accommodations contract can be cancelled by either contractual partner, although a cancellation charge, consisting of the room price for three days, must be paid. The cancellation must be received by the contractual partner at the latest one month before the arranged day of arrival.
(3) The host has the right, in case the guest has not appeared by 6:00 pm on the arranged day of arrival, to cancel the contractual arrangement unless a later arrival time has been arranged.
(4) If the guest has made a deposit, the room(s) remain reserved until 12:00 noon of the following day at latest.
(5) Even if the guest does not occupy the reserved room(s) or take advantage of the meals program, he is obligated to pay the arranged price. The host, however, must deduct those costs which he saves in case such services are not used or by the amount which has accrued by renting the room(s) to another guest. Experience shows that in most cases, the savings of a host through rooms not having been used amount to 20 percent of the room price and 30 percent of the meal prices.
(6) The host is obligated to make efforts to rent out rooms which cannot be used by the guest, in accord with circumstances (Art. 1107 ABGB).
Art. 6 Providing substitute accommodations
(1) The host can provide adequate substitute accommodations when these are reasonable, particularly if the divergence is minimal and materially justified.
(2) A material justifiable divergence is the case, for example, when the room(s) reserved have become unoccupiable, since already accommodated guests have extended their length of stay or other important operational measures make such a step necessary.
(3) Any and all additional expenses for the substitute accommodations must be paid by the host.
Art. 7 The guest’s rights
(1) By closing a contract of accommodation, the guest acquires the right to the customary use of the rented room(s), the appointments on the host’s premises which are accessible without any particular requirements to guests, and to ordinary services.
(2) The guest has the right to occupy the reserved rooms as of 2:00 pm on the arranged day of arrival.
(3) If a full or half board meals program has been arranged, the guest has the right to receive appropriate substitute meals, i.e. a lunch packet, or else a gift certificate, when the guest cannot take advantage of the arranged meals program, on the condition that the guest has informed the hotel in due time, that is, by 6:00 pm of the previous day.
(4) Otherwise, if the guest does not take meals in the arranged rooms at the arranged time, the guest has no right for such meals to be replaced, as long as the host was ready and willing to supply them.
Art. 8 The guest’s responsibilities
(1) Upon termination of the accommodations contract, sum of money which has been agreed upon must be paid. Foreign currencies will be accepted whenever possible by the host and converted at the current exchange rate. The host is not obligated to accept cheques, credit cards, gift certificates, vouchers, etc. as payment. All costs which are incurred through acceptance of such methods of payment, e.g. for telegrams, inquiries, etc. must be paid by the guest.
(2) If food and/or beverages are available at the host accommodations, yet are nevertheless brought into the accommodations by a guest and consumed in public rooms, the host is permitted to charge a certain amount for their in-house consumption.
(3) Before electrical appliances which have been brought along by the guest and which do not number among customary travel articles are operated, the guest must obtain the host’s approval.
(4) For any and all damages which the guest has caused, the provisions of the damage compensation laws are applicable. Thus, the guest is liable for all damages and disadvantages to the host accommodations or third parties which the guest has caused, or which have been caused by the guest’s accompanying party or other persons for whom the guest is responsible; this is also the case when the damaged party is permitted to claim damages directly from the host accommodations.
Art. 9 The host’s rights
(1) If the guest refuses payment as outlined by the terms of the arrangement or is in arrears with such payment, the proprietor of the accommodations has the right to retain material goods as a means of securing the claims of payment for the room(s) and meals at the accommodations, as well as any and all expenses which have been incurred for the guest. (Art. 970 c ABGB Lien rights).
(2) The host has the right of detention of the guest’s material goods in order to secure the arranged payment (Art 1101 ABGB Host’s rights of detention) .
(3) If service is ordered in the guest’s room or at unusual times of day, the host is permitted to levy a special charge for such services; these special charges must, however, be posted on the price list in the room. The host is also permitted to refuse such services for operational reasons.
Art. 10 The host’s responsibilities
(1) The host is obligated to supply the services which have been agreed upon in quantity and quality corresponding to the standard contracted.
(2) Special services of the host, whose prices must be posted, which are not included in the general price framework include: a) special services at the accommodations which can be charged, such as providing salon, sauna and indoor pool, outdoor swimming pool, tanning bed, bathroom on the floor, garage, etc. b) the providing of additional beds or children’s beds, for which a reduced charge can be levied.
(3) All prices which are posted must include taxes.
Art. 11 The host’s liability for damages
(1) The host is liable for damages which the guest suffers if the damages occur in the framework of the accommodations and blame attaches to the host or one of the host’s employees.
(2) Liability for objects which the guest has brought along. Beyond this, the host is liable as the guardian of the goods which the guest has brought along up to a maximum sum of Euro 1,100.- insofar as he is not able to prove that the damages were not caused by the host, by an employee of the host or by another party who had access to the accommodations. Under such circumstances, the host is liable for valuables, money and securities up to a maximum sum of Euro 550.-, unless he safeguarded such valuables for the guest and was aware of their quality and value, or unless the damages were caused by the host or by an employee of the host, in which case the host bears unlimited liability. Any published statement on the part of the host that such liability is not assumed has no legal effect. The safekeeping of valuables, money and securities can be refused if these are significantly more costly valuables than guests of these particular host accommodations customarily bring along with them. Agreements through which the liability according to the above described provisions is reduced, have no legal effect. Material goods are considered to have been given into the safekeeping of the host when they have been taken in receipt by a staff member of the accommodations or someone designated by the host to place them into suitable safekeeping. (In particular, section 970 ff. ABGB)
Art. 12 Pets
(1) Pets are permitted only upon prior agreement with the host and upon agreement of a special charge for the pet(s) which can be levied. Pets are not permitted in the salons, public rooms or restaurants.
(2) The guest is liable for any and all damages which are caused by pets which the guest has brought along, according to the laws which are applicable for the pet owner (Art. 1320 ABGB).
Art. 13 Extension of stay
The stay of a guest can be extended only upon agreement with the host.
Art. 14 Termination of accommodations
(1) If the accommodations contract was established for a specific length of time, it is terminated when the arranged time is over. If the guest departs early, the host is permitted to charge the full sum for the reserved accommodations. The host must, however, make an effort to rent the unused accommodations to other persons, according to the circumstances. Otherwise, the regulation in Art. 5 (section 5) is applicable, i.e. percentual reductions.
(2) The death of a guest automatically terminates the contract with the host.
(3) If the accommodations contract has been concluded without time limitation, the contractual partners can terminate the contract at any time, as long as a term of notice of at least 3 days is communicated. The cancellation must be received by the contractual partner before 10:00 am if that day is to be included as a day in the term of notice. If it is not, the next day is considered the first day in the term of notice.
(4) If the guest does not vacate the room by 12:00 noon on the day of departure, the host is permitted to invoice an additional day of accommodations.
(5) The host is permitted to cancel the accommodations contract immediately if: a) the guest misuses the room(s) or through otherwise inconsiderate, reckless conduct causes other guests inordinate disturbances; or commits an act against the host or one of the host’s employees or the property or engages in immoral behaviour or endangers the physical safety of the host or one of the host’s employees or the property in ways which are not sanctioned by law; b) the guest is struck by a contagious disease or an illness which extends beyond the time arrangement of the contract or becomes needful of nursing care; c) the guest does not pay the invoice which has been presented within a reasonable amount of time;
(6) If the fulfillment of contract is made impossible through an act of God, the contract is annulled. The host nonetheless is obligated to refund the corresponding percentage of the money which has been paid by the guest in such a manner and proportion that the host has no gain from the unforeseen event (Art. 1447 ABGB).
Art. 15 Illness or death of a guest at the accommodations
(1) If a guest falls ill during his or her stay at the accommodations, the host has the responsibility to provide medical help when necessary if the guest is not in a position to do so. The host is then permitted to invoice the following charges in connection with a guest’s illness, or if a guest dies, towards the legal successor or heir:
a) refund of medical costs which the guest has not paid.
b) charge for appropriate room disinfection if this is ordered by the officiating doctor.
c) refund for any laundry, bed linen or bed appointments which have been rendered unusable, whereby such unusable articles must be handed over to the legal heir of the deceased; refund for the thorough cleaning and/or disinfection of such unusable articles.
d) for the repair of walls, appointments, carpets, etc. insofar is these were damaged or soiled in connection with the guest’s illness or death;
e) for the guest’s room rent and the unusability of other rooms which were temporarily prevented from use through the illness or death of the guest (minimum 3 days, maximum 7 days).
Art. 16 Area of performance and Legal venue
(1) The location of the accommodations is the area of performance.
(2) For all disputes which arise from the accommodations contract, the local court responsible for the accommodations location is the legal venue, unless:
a) the guest has a domestic town of professional occupation or residence, in which case the court for the address which the guest has registered will be responsible.
b) the guest has a domestic town of professional occupation, in which case this town shall be the legal venue.
The cancellation charges cited in Art. 5, sections 1, 2 and 5 are, according to Art. 31 in association with Art. 32 (cartel law) must be registered as non-obligatory recommendation in the cartel register, No. 1 Kt 617/97-5.
Proprietor, editor and publisher: Hotel Association Commission (“Fachverband Hotellerie”) 1045 Vienna, Wiedner Hauptstrasse 63.