Terms and Conditions
Hotel Auriga
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the previous ÖHVB in the version dated September 23, 1981.
1.2 The AGBH 2006 do not preclude special agreements. The AGBH 2006 apply subsidiarily to agreements made on a case-by-case basis.
§ 2 Definitions
2.1 Definitions:
“Accommodation Provider”: A natural or legal person who provides lodging to guests in exchange for payment. “Guest”: A natural person who makes use of the lodging services. The guest is generally also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests. “Contracting Party”: A natural or legal person, whether domestic or foreign, who enters into an accommodation contract as a guest or on behalf of a guest.
“Consumer” and “Business Operator”: These terms are to be understood within the meaning of the Consumer Protection Act of 1979, as amended.
“Accommodation Contract”: This is the contract concluded between the accommodation provider and the contracting party, the terms of which are set forth in greater detail below.
§ 3 Conclusion of the Contract – Advance Payment
3.1 The accommodation contract is concluded upon the accommodation provider’s acceptance of the contracting party’s order. Electronic communications are deemed to have been received if the party for whom they are intended can access them under normal circumstances, and receipt occurs during the accommodation provider’s published business hours.
3.2 The accommodation provider is entitled to conclude the accommodation contract on the condition that the contracting party makes a deposit. In this case, the accommodation provider is obligated to inform the contracting party of the required down payment before accepting the contracting party’s written or oral order. If the contracting party agrees to the deposit (in writing or verbally), the lodging contract is concluded upon the accommodation provider’s receipt of the contracting party’s declaration of consent to pay the deposit.
3.3 The contracting party is obligated to pay the deposit no later than 7 days (receipt date) prior to the start of the stay. The costs of the financial transaction (e.g., transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card issuers apply.
3.4 The deposit constitutes a partial payment toward the agreed-upon fee.
§ 4 Start and End of the Stay
4.1 Unless the accommodation provider offers a different check-in time, the contracting party has the right to check into the rented rooms starting at 4:00 p.m. on the agreed-upon day (“arrival day”).
4.2 If a room is first occupied before 6:00 a.m., the preceding night counts as the first night’s stay.
4.3 The contracting party must vacate the rented rooms by 12:00 p.m. on the day of departure. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated by the specified time.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodation Provider
5.1 If the lodging contract provides for a deposit and the contracting party has not paid the deposit by the due date, the lodging provider may withdraw from the lodging contract without granting a grace period.
5.2 If the guest does not arrive by 6:00 p.m. on the agreed-upon arrival date, the accommodation provider is under no obligation to provide lodging, unless a later arrival time has been agreed upon.
5.3 If the contracting party has made a deposit (see 3.3), the accommodations shall remain reserved until no later than 12:00 p.m. on the day following the agreed-upon arrival date. If payment is made in advance for more than four days, the obligation to provide accommodation ends at 6:00 p.m. on the fourth day, with the arrival day counted as the first day, unless the guest specifies a later arrival date.
5.4 Up to 3 months before the contracting party’s agreed arrival date, the accommodation contract may be terminated by the accommodation provider through a unilateral declaration for objectively justified reasons, unless otherwise agreed.
Cancellation by the contracting party – Our cancellation policy is as follows:
– You may cancel free of charge up to 4 months before arrival.
– From 4 months to 2 months before arrival, we charge 50% of the total cost of the trip.
– From 2 months to 1 month before arrival, the cancellation fee is 80% of the total travel price.
– If you cancel within the last month before arrival, 100% of the total travel price is due.
§ 6 Provision of Alternative Accommodation
6.1 The accommodation provider may provide the contracting party or the guests with adequate alternative accommodations (of the same quality) if this is reasonable for the contracting party, particularly if the difference is minor and objectively justified.
6.2 Objective justification exists, for example, if the room(s) has (have) become unusable, if guests already staying at the property extend their stay, if there is overbooking, or if other important operational measures necessitate this step.
6.3 Any additional expenses for the alternative accommodations shall be borne by the accommodation provider.
§ 7 Rights of the Contracting Party
7.1 By entering into a lodging contract, the contracting party acquires the right to the customary use of the rented rooms, the facilities of the lodging establishment that are customarily and without special conditions available to guests for use, and to the customary level of service.
The contracting party must exercise its rights in accordance with any applicable hotel and/or guest policies (house rules).
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obligated to pay the agreed-upon fee, plus any additional charges incurred due to separate services utilized by the contracting party 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 obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted as payment at the daily exchange rate to the extent possible. Should the accommodation provider accept foreign currencies or non-cash payment methods, 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 the contracting party, the guest, or other persons who, with the contracting party’s knowledge or consent, make use of the accommodation provider’s services.
§ 9 Rights of the Accommodation Provider
9.1 If the contracting party refuses to pay the agreed-upon fee or is in arrears with such payment, the accommodation provider is entitled to the statutory right of retention pursuant to § 970c ABGB as well as the statutory lien pursuant to § 1101 ABGB on the property brought in by the contracting party or the guest.
The accommodation provider is further entitled to this right of retention or lien to secure its claims arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for damages of any kind.
9.2 If service is requested in the contracting party’s room or at unusual times of day (after 8:00 p.m. and before 6:00 a.m.), the accommodation provider is entitled to charge a special fee for this. However, this special fee must be listed on the room rate chart. The accommodation provider may also refuse to provide these services for operational reasons.
9.3 The accommodation provider is entitled to issue an invoice or interim invoice for its services at any time.
§ 10 Obligations of the Accommodation Provider
10.1 The accommodation provider is obligated to provide the agreed-upon services to an extent consistent with its standard.
10.2 Examples of special services provided by the accommodation provider that must be listed separately and are not included in the accommodation fee include:
a) Special accommodation services that may be billed separately, such as the provision of lounges, saunas, indoor pools, swimming pools, solariums, garage parking, etc.;
b) A reduced rate is charged for the provision of extra beds or cribs.
§ 11 Liability of the Accommodation Provider for Damage to Personal Belongings
11.1 The accommodation provider is liable in accordance with §§ 970 et seq. of the Austrian Civil Code (ABGB) for items brought in by the contracting party. The accommodation provider is liable only if the items have been handed over to the accommodation provider or to persons authorized by the accommodation provider, or have been brought to a location designated or specified by them for this purpose. Unless the accommodation provider can prove otherwise, the accommodation provider is liable for its own negligence or the negligence of its staff, as well as that of persons entering or leaving the premises. The accommodation provider is liable in accordance with § 970(1) of the Austrian Civil Code (ABGB) up to a maximum of the amount specified in the Federal Act of November 16, 1921, on the Liability of Innkeepers and Other Business Operators, as amended. If the contracting party or the guest does not immediately comply with the accommodation provider’s request to deposit their belongings in a designated storage area, the accommodation provider is released from all liability. The extent of any liability on the part of the accommodation provider is limited to the maximum amount of the accommodation provider’s liability insurance coverage. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodation provider’s liability is excluded in cases of slight negligence. If the contracting party is a business, liability is also excluded in cases of gross negligence. In this case, the contracting party bears the burden of proof regarding the existence of fault. Consequential or indirect damages, as well as lost profits, shall under no circumstances be compensated.
11.3 The accommodation provider is liable for valuables, money, and securities only up to the current amount of €550. The accommodation provider is liable for damages exceeding this amount only if it accepted these items for safekeeping with knowledge of their nature or if the damage was caused by the accommodation provider itself or one of its employees. The limitation of liability pursuant to Sections 12.1 and 12.2 applies mutatis mutandis.
11.4 The accommodation provider may refuse to accept valuables, money, and securities for safekeeping if these items are significantly more valuable than what guests of the accommodation establishment in question typically entrust for safekeeping.
11.5 In any case where the accommodation provider has agreed to store such items, liability is excluded if the contracting party and/or guest fails to notify the accommodation provider of the damage immediately upon becoming aware of it. Furthermore, such claims must be asserted in court within three years of the contracting party’s or guest’s actual or potential knowledge of the damage; otherwise, the right to claim is forfeited.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodation provider’s liability for slight negligence—with the exception of personal injury—is excluded.
12.2 If the contracting party is a business, the accommodation provider’s liability for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of fault. Consequential damages, non-pecuniary damages, or indirect damages, as well as lost profits, shall not be compensated. In any case, the amount of damages to be compensated is limited to the amount of the interest at stake.
§ 13 Pets
13.1 Animals may only be brought onto the accommodation premises with the accommodation provider’s prior consent and, if applicable, for a separate fee.
13.2 The contracting party who brings a pet is obligated to properly care for and supervise the pet during their stay or to have it cared for and supervised by a suitable third party at their own expense.
13.3 The contracting party or guest bringing an animal must have appropriate pet liability insurance or personal liability insurance that also covers any damage caused by animals. Proof of such 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 any damage caused by animals brought along. Such damage includes, in particular, any compensation the accommodation provider is required to pay to third parties.
13.5 Animals are not permitted in the lounges, common areas, dining areas, or wellness areas.
§ 14 Extension of the Stay
14.1 The contracting party has no right to have their stay extended. If the contracting party gives timely notice of their desire to extend their stay, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
14.2 If the contracting party is unable to leave the accommodation facility on the day of departure because unforeseeable extraordinary circumstances (e.g., extreme snowfall, flooding, etc.), the accommodation contract is automatically extended for the duration of the inability to depart. A reduction in the fee for this period is possible only if the contracting party is unable to make full use of the services offered by the lodging facility as a result of the exceptional weather conditions. The accommodation provider is entitled to demand at least the fee corresponding to the price normally charged during the off-season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract was concluded for a fixed term, it ends upon the expiration of that term.
15.2 If the contracting party departs early, the accommodation provider is entitled to demand the full agreed-upon fee. The accommodation provider shall deduct any savings resulting from the guest’s failure to use the services or any income received from renting the reserved rooms to other guests. Savings are deemed to exist only if the lodging establishment is fully booked at the time the guest’s reserved rooms are not used and the rooms can be rented to other guests as a result of the contracting party’s cancellation. The burden of proof regarding such savings rests with the contracting party.
15.3 The contract with the accommodation provider terminates upon the death of a guest.
15.4 If the lodging contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 a.m. on the third day prior to the intended end of the contract.
15.5 The accommodation provider is entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
a) makes significantly improper use of the premises or, through his or her reckless, offensive, or otherwise grossly inappropriate behavior makes coexistence intolerable for the other guests, the owner, the owner’s staff, or third parties residing in the lodging facility, or commits a criminal act against the property, public decency, or physical safety of these persons;
b) contracts a contagious disease or an illness that extends beyond the duration of the stay, or otherwise requires nursing care;
c) fails to pay the invoices presented by the due date within a reasonable period (3 days).
15.6 If the performance of the contract becomes impossible due to an event constituting force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.) becomes impossible, the accommodation provider may terminate the accommodation contract at any time without notice, provided that the contract is not already deemed terminated by law or the accommodation provider is relieved of its obligation to provide accommodation. Any claims for damages, etc., by the contracting party are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the lodging facility, the lodging provider shall arrange for medical care at the guest’s request. In the event of imminent danger, the accommodation provider will arrange for medical care even without a specific request from the guest, particularly if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest’s next of kin cannot be contacted, the accommodation provider shall arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the point when the guest is able to make decisions or the next of kin have been notified of the illness.
16.3 The accommodation provider is entitled to reimbursement from the contracting party and the guest—or, in the event of death, from their legal successors—for the following costs in particular:
a) outstanding medical expenses, costs for medical transportation, medications, and medical aids,
b) room disinfection that has become necessary,
c) linens, bedding, and bedding accessories that have become unusable; otherwise, the cost of disinfecting or thoroughly cleaning all such items,
d) restoration of walls, furnishings, carpets, etc., to the extent that these have been soiled or damaged in connection with the illness or death,
e) room rent, to the extent that the guest occupied the room, plus any days during which the rooms were unusable due to disinfection, evacuation, or similar reasons,
f) any other damages incurred by the accommodation provider.
§ 17 Place of Performance, Jurisdiction, and Governing Law
17.1 The place of performance is the location where the lodging establishment is situated.
17.2 This contract is governed by Austrian substantive and procedural law, to the exclusion of the rules of private international law (in particular the Austrian Private International Law Act (IPRG) and the Convention on the Recognition and Enforcement of Foreign Judgments (EVÜ)) as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 In bilateral business-to-business transactions, the exclusive place of jurisdiction is the accommodation provider’s place of business; however, the accommodation provider is also entitled to assert its rights before any other court with local or subject-matter jurisdiction.
17.4 If the accommodation contract was concluded with a contracting party who is a consumer and has their domicile or habitual residence in Austria, legal actions against the consumer may be brought exclusively at the consumer’s domicile, habitual residence, or place of employment.
17.5 If the lodging contract was concluded with a contracting party who is a consumer and has their domicile 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 over the consumer’s domicile shall have exclusive jurisdiction for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless otherwise specified in the provisions above, the running of a time limit begins upon service of the document setting the time limit on the contracting party required to comply with it. When calculating a time limit specified in days, the day on which the date or event occurs that determines the start of the time limit is not included in the count. Time limits specified in weeks or months refer to the day of the week or month that corresponds, by its name or number, to the day from which the time limit is to be counted. If that day does not exist in the month, the last day of that month shall apply.
18.2 Notices must be received by the other contracting party by midnight on the last day of the deadline.
18.3 The accommodation provider is entitled to set off its own claims against the contracting party’s claims. The contracting party is not entitled to set off its own claims against the accommodation provider’s claims, unless the accommodation provider is insolvent or the contracting party’s claim has been established by a court or acknowledged by the accommodation provider.
18.4 In the event of any gaps in these terms, the relevant statutory provisions shall apply.
§ 19 Price Adjustments
19. The prices quoted are subject to statutory levies and taxes and are therefore subject to change. If statutory levies and taxes change, Hotel Auriga Strolz GmbH & Co KG is entitled and obligated at any time to increase or decrease the prices.