Austrian Hotel Contract Conditions (ÖHVB) – decided at the 93rd committee meeting of the Association of Hotel and Accommodation Companies on 23 September 1981
SourceOwner, publisher and publisher: Fachverband der Hotel- und Beherbergungsbetriebe, 1045 Vienna, Wiedner Hauptstraße 63. Responsible for the content: Fachverband managing director Michael Raffling, 1045 Vienna, Wiedner Hauptstraße 63.
§ 1 GeneralThe (general) Austrian Hotel Contract Conditions (ÖHVB) represent the contractual content according to which Austrian hoteliers usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.
§ 2 Contracting partner(1) In case of doubt, the purchaser of the accommodation provider is the contracting partner, even if they have ordered or co-ordered for other named persons.
(2) The persons with the claim to accommodation are guests in the sense of the contract conditions.
§ 3 Contract conclusion, deposit(1) The accommodation contract is usually concluded by the acceptance of the guest’s written or verbal order by the accommodation provider.
(2) It may be agreed that the guest makes a down payment.
(3) The accommodation provider may also demand the advance payment of the entire agreed fee.
§ 4 Beginning and end of accommodation(1) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
(2) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 pm on the agreed arrival day, unless a later arrival time has been agreed.
(3) If the guest has made a deposit, the room (s) will remain reserved until at the latest 12 pm the following day.
(4) If a room is used for the first time before 6 am, the previous night counts as the first night.
(5) The rented rooms are to be vacated by the guest on the day of departure by 12 pm.
§ 5 Withdrawal from the accommodation contract(1) Up to three months before the agreed date of arrival of the guest, the accommodation contract may be terminated without payment of a cancellation fee by both contracting partners by unilateral declaration. The cancellation must be in the hands of the contracting partner no later than three months before the agreed date of arrival of the guest.
(2) At the latest one month before the agreed date of arrival of the guest the accommodation contract can be cancelled by both contracting partners by unilateral declaration; however a cancellation fee in the amount of the room price for three days is to be paid. The cancellation must be in the hands of the contracting partner no later than one month before the agreed date of arrival of the guest.
(3) The accommodation provider has the right to withdraw from the contract in the event that the guest does not appear by 6 pm on the agreed arrival day, unless a later arrival time has been agreed.
(4) If the guest has made a deposit, the room (s) will remain reserved until at the latest 12 pm the following day.
(5) Even if the guest does not use the rooms ordered or the pension service, they are obliged to pay the agreed fee to the accommodation provider. However, the accommodation provider must deduct what it has saved as a result of non-use of its services or what it has received by renting the rooms in another manner. Experience has shown that in most cases, the savings of the operation due to the failure of performance is 20 percent of the room price and 30 percent of the meal price.
(6) The accommodation provider is responsible, to seek to other rental of the unused rooms in accordance with the circumstances (§ 1107 ABGB).
§ 6 Provision of substitute accommodation(1) The accommodation provider may provide the guest with adequate substitute accommodation if this is reasonable for the guest, in particular because the deviation is insignificant and objectively justified.
(2) An objective justification is present, for example, if the room(s) have become unusable, guests already accommodated have extend their stay or other important operational measures necessitate this step.
(3) Any additional expenditures for the substitute accommodation shall be at the expense of the accommodation provider.
§ 7 Rights of the guest(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the tourist accommodation, which are usually accessible to the guests for use and without any special conditions, and the usual service.
(2) The guest has the right to move into the rented rooms from 2 pm on the agreed day.
(3) If full board or half board is agreed, the guest has the right to ask for adequate meals (lunch box) or a receipt for meals that they do not use, if they do so on time, that is by 6 pm of the previous day.
(4) Otherwise, if the accommodation provider is willing to provide service, the guest will not be entitled to any compensation if they do not use the agreed meals within the usual time of day and in the rooms designated for this purpose.
§ 8 Obligations of the guest(1) Upon termination of the accommodation contract, the agreed fee is to be paid. Foreign currencies are accepted by the accommodation provider according to ability at the current rate in payment. The accommodation provider is not obliged to accept cashless means of payment such as checks, credit cards, vouchers and certificates. All costs necessary for the acceptance of these securities, such as for telegrams, inquiries, etc., shall be borne by the guest.
(2) If food or drinks are available at the accommodation establishment, but are instead brought there and consumed in public areas, the accommodation provider is entitled to charge reasonable compensation (so-called “corkage charge” for drinks).
(3) Prior to commissioning of electrical appliances, which are brought by the guests and which are not part of the usual travel requirements, the consent of the accommodation provider must be obtained.
(4) The damage caused by the guest is subject to the provisions of the law on damages. Therefore, the guest is liable for any damage or disadvantage suffered by the accommodation provider or third parties due to the guest’s fault or the fault of their companions or other persons for which they are responsible, even if the injured party is entitled to claim compensation directly from the accommodation provider.
§ 9 Rights of the accommodation provider(1) If the guest refuses to pay the compensation or if they are in arrears, the owner of the accommodation establishment has the right to retain the items brought in order to secure its claims arising from the accommodation and meals as well as its expenses for the guest. (§ 970 c ABGB legal right of retention.)
(2) The accommodation provider has a lien right to the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB legal lien of the accommodation provider.)
(3) If the service is requested in the guest’s room or at extraordinary times of day, the accommodation provider is entitled to demand a special fee for this; however, this special fee is to be marked on the room price list. It can also refuse these services for operational reasons.
§ 10 Obligations of the accommodation provider(1) The accommodation provider is obliged to provide the agreed services in a standard scope.
(2) Special accommodation to be provided by the accommodation provider which is not included in the accommodation charge: a) accommodation, which may be charged separately, such as the provision of salons, sauna and indoor pool, swimming pool, solarium, storey bath, garaging, etc.; b) a reduced price will be charged for the provision of extra beds or children’s cots.
(3) The announced prices have to be inclusive prices.
§ 11 Liability of the accommodation provider for damages(1) The accommodation provider is liable for any damage suffered by a guest, if the damage occurred within the framework of the establishment and if its employees are at fault.
(2) Liability for brought-in items. In addition, the accommodation provider is liable as the custodian for the objects brought in by the accommodated guests up to a maximum amount of EUR 1,100.00, unless it proves that the damage was neither caused by it or one of its employees nor by outside third parties entering and exiting the facilities. Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum of EUR 550.00; unless it has taken over these things in custody in knowledge of their nature or the damage was caused by itself or its employees and it therefore has unlimited liability. A rejection of liability due to attack is legally without effect. The safekeeping of valuables, money and securities can be denied if they are much more valuable items than guests of the holding in question usually leave in custody. Agreements under which liability is to be reduced below the level specified in the above paragraphs are ineffective. Things shall then be deemed to have been brought in if they are taken over by a person who is employed by the accommodation establishment or taken to a place designated by the accommodation provider. (In particular, §§ 970 ff. ABGB.)
§ 12 Keeping of animals(1) Animals may only be brought to the accommodation after prior authorisation and, if necessary, against special remuneration. Animals must not stay in the salons, social and restaurant rooms.
(2) The guest is liable for the damage done by accompanying animals, in accordance with the statutory provisions applicable to the pet owner (§ 1320 ABGB).
§ 13 Extension of accommodationAn extension of the stay by the guest requires the consent of the accommodation provider.
§ 14 Termination of accommodation(1) If the accommodation contract has been agreed upon for a certain period of time, it will end with the passage of this time. If the guest leaves prematurely, the accommodation provider is entitled to demand the full agreed fee. However, it is the responsibility of the accommodation provider to make an effort to rent the unused spaces in another manner in accordance with the circumstances. The provision in § 5 (5) applies mutatis mutandis (deduction percentages) otherwise.
(2) The death of a guest ends the contract with the accommodation provider.
(3) If the accommodation contract has been concluded for an indefinite period, the contracting partners can cancel the contract at any time subject to a notice period of three days. The termination must reach the contracting partner before 10 am; otherwise, this day is not considered the first day of the notice period, but only the following day.
(4) If the guest does not vacate their room by 12 pm, the accommodation provider is entitled to charge the room price for one more day.
(5) The accommodation provider shall be entitled to dissolve the accommodation contract with immediate effect if the guest a) makes a materially disadvantageous use of the premises or through their reckless, offensive or otherwise grossly improper behaviour offends the other guests or the accommodation provider or is guilty of a punishable offence against property, morality or physical safety to the people or to a person staying in the accommodation; (b) is infected or is affected by or in need of care for an illness extending beyond the accommodation period; (c) fails to pay the invoice submitted to them on request within a reasonable period.
§ 15 Illness or death of the guest in the accommodation(1) If a guest falls ill during their stay at the accommodation, the accommodation provider has the obligation to provide medical care if this is necessary and the guest is unable to do so themselves. The accommodation provider has the following claim for compensation against the guest or, in the case of death, against their legal successor: a) any compensation from the guest for unpaid medical expenses; b) the required room disinfection, if ordered by the medical officer; c) replacement of any unusable laundry, bed linen and bed furniture, against the delivery of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all these items; d) the restoration of walls, furnishings, carpets, etc., as far as they have been contaminated or damaged in connection with the illness or death; e) the room rent, as far as the room temporarily cannot be rented in connection with the illness or the death (at least three, at most seven days).
§ 16 Place of performance and place of jurisdiction(1) The place of performance is the place where the tourist accommodation is located.
(2) For all disputes arising from the accommodation contract, the factual and local court for the accommodation establishment is agreed upon, unless a) the guest as a consumer has employment or a residence located in the country; in this case the place of jurisdiction is the place announced by the guest in the registration; b) the guest as consumer has only one domestic place of employment; In this case, this is agreed as the place of jurisdiction. The cancellation fees listed in § 5 numbers 1, 2 and 5 are entered in the cartel register, number 1 Kt 617 / 91-5, in accordance with § 31 in conjunction with § 32 of the Cartel Act as a non-binding association recommendation.