Hotel contract conditions
The hotel contract conditions at a glance.
Good to Know - the most important information in advance:
Prices & Conditions
All listed prices include extended half-board and the indicated inclusive services, as well as all taxes and duties, excluding accommodation tax (€ 1.50 per person and day, from 15 years of age).
Cancellation - Cancellation fee
The Austrian hotel contract conditions apply.
Höflehner Soft Cancellation Promotion:
In order to make your holiday planning as flexible as possible, we have changed the cancellation conditions:
Bookings for stays from 13 September 2020 to 11 April 2022: free cancellation up to 1 month before arrival . For cancellations within one month before arrival, our hotel contract conditions apply.
Cancellation from 1 month up to 48h before arrival is considered free of charge:
Your positive corona findings
Your Segregation notice from the BH
a Travel restriction to the Schladming Dachstein Region or a ban on leaving your area
In the event of cancellation, we will convert your deposit into a voucher which can be redeemed at a new date of your choice.
In case of late arrival, early departure or cancellation the following conditions apply:
late arrival or early departure
We recommend that you take out travel insurance, which you can conveniently purchase online.
Please understand that we cannot make any binding commitments for room numbers and floors.
Please transfer your deposit of € 300,- per booked room ( for family rooms Euro 600,-) to the following account
BANK: Steiermärkische Sparkasse
In case of cancellation, we will convert your deposit into a voucher, which can be redeemed at a new desired date. For a refund of the deposit EUR 30,- will be charged for processing
General Hotel Contract Conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006)
Version of 15.11.2006
Table of Contents
§ 1 Scope of Application 2
§ 2 Definitions ................................................................................................................... 2
§ 3 Conclusion of Contract - Deposit ................................................................................................. 3
§ 4 Beginning and end of accommodation .......................................................................................... 3
§ 5 Withdrawal from the accommodation contract - cancellation fee ............................................................... 4
§ 6 Provision of substitute accommodation ............................................................................................. 5
§ 7 Rights of the Party ....................................................................................................... 5
§ 8 Obligations of the Party ................................................................................................... 6
§ 9 Rights of the Proprietor ............................................................................................................ 6
§ 10 Obligations of the Proprietor ......................................................................................................... 7
§ 11 Liability of the Proprietor for Damage to Items Brought into the Accommodation ............................................. 7
§ 12 Limitation of liability ........................................................................................................... 8
§ 13 Keeping of animals . 8
§ 14 Extension of accommodation ................................................................................................ 9
§ 15 Termination of the Accommodation Agreement - Early Termination ............................................ 9
§ 16 Illness or death of the guest in the accommodation contract.................................................... 10
§ 17 Place of performance, jurisdiction and choice of law.......................................................................... 11
§ 18 Miscellaneous... 12
§ 1 Scope of Application
1.1 These General Terms and Conditions of Business for the Hotel Industry (hereinafter referred to as
"AGBH 2006") replace the previous ÖHVB in the version of 23 September 2006
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006
are subsidiary to individual agreements.
§ 2 Definitions
"Proprietor" shall mean a natural or legal person who
Legal person who accommodates guests against payment.
"Guest": is a natural person who makes use of accommodation
accommodation. The guest
is usually also a contracting party.
A guest shall also be deemed to be those persons
who arrive with the contracting party
(e.g. family members, friends
"Contractual partner": Is a natural or legal person of the
at home or abroad who enters into an
Guest or for a guest concludes an accommodation contract
concludes an accommodation contract.
"Entrepreneur": The terms are to be understood in the sense of the Consumer Protection Act
1979 as amended
contract": Is the contract concluded between the accommodation
and the contracting party, the
The contracting party, the content of which is
regulated in more detail below.
§ 3 Conclusion of the contract - down payment
3.1 The Accommodation Agreement shall be concluded upon acceptance of the Party's order by the Proprietor
by the Proprietor. Electronic declarations shall be deemed
received if the party for whom they are intended is able to retrieve them under ordinary
Circumstances and the receipt takes place during the published business hours of the Proprietor
of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party
that the Party makes a down payment. In this case
the Proprietor shall, prior to accepting the written or oral order of the Party, notify the
Of the Party, the Proprietor shall inform the Party of the required downpayment
to the Party. If the Party agrees to the down payment (in writing or orally), the accommodation
or verbally), the accommodation contract shall come into force upon receipt of the declaration of
Agreement on the payment of the down payment by the Party
by the Proprietor.
3.3 The Party shall be obliged to pay the down payment at the latest 7 days (received)
prior to the accommodation. The costs of the money transaction (e.g. transfer charges) shall be borne by the Party
Transfer charges) shall be borne by the Party. For credit and debit cards the
the respective terms and conditions of the card companies shall apply.
3.4 The down payment is a partial payment on the agreed fee.
§ 4 Start and end of accommodation
4.1 The Party shall have the right, if the Proprietor does not offer a different occupancy period
time, to occupy the rented rooms from 4.00 p.m. on the agreed day ("arrival day")
to move in.
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first night
the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the contracting party on the day of departure by
12.00 a.m. on the day of departure. The Proprietor shall be entitled to charge for a further day if the rented rooms have been
Day if the rented rooms have not been vacated in due time
cleared in due time.
§ 5 Rescission of the Accommodation Agreement - Cancellation FeeRescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been
by the Party in due time, the Proprietor may rescind the Accommodation Agreement without a
The Proprietor may withdraw from the Accommodation Agreement without a grace period.
5.2 If the guest does not appear by 6.00 p.m. on the agreed day of arrival, there shall be no obligation to accommodate the guest
obligation to accommodate, unless a later time of arrival has been agreed
has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), on the other hand
reserved until 12.00 noon on the day following the agreed date of arrival at the latest
day following the agreed date of arrival. In the event of advance payment of more than four days, the
Obligation to provide accommodation shall end at 6 p.m. on the fourth day, the day of arrival being
day, unless the guest gives notice of a later arrival day
5.4 Up to 3 months prior to the agreed date of arrival of the Party at the latest
the Accommodation Agreement may be terminated by the Proprietor for objectively justifiable
Justified reasons, unless otherwise agreed, by means of a unilateral declaration
Cancellation by the Party - Cancellation Fee
5.5 The Accommodation Agreement may be cancelled by the Party no later than 3 months before the agreed date of the
Contract may be cancelled by the Party without payment of a cancellation fee by unilateral declaration
by the Party without payment of a cancellation fee.
5.6 Outside the period stipulated in § 5.5, cancellation by unilateral declaration by the Party is
Unilateral declaration by the Party shall only be possible upon payment of the following cancellation fees
- up to 1 month before the day of arrival 40 % of the total arrangement price;
- up to 1 week before the date of arrival 70 % of the total package price;
- 90 % of the total package price in the last week before the date of arrival.
up to 3 months 3 months up to 1 month1 month up to 1 weekIn the last week
no cancellation fee
40 % 70 % 90 %
Impediments to arrival
5.7 If the Party is unable to arrive at the accommodation on the day of arrival
due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.)
(e.g. extreme snowfall, flooding, etc.), the contract partner shall not be
the contracting party shall not be obliged to pay the agreed fee for the days of arrival
the days of arrival.
5.8 The obligation to pay the fee for the booked stay shall be revived from the date of arrival
the arrival becomes possible again within three days
becomes possible again.
§ 6 Provision of substitute accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation of the same
(of the same quality), if this is reasonable for the Party, in particular if the accommodation
reasonable, especially if the deviation is minor and objectively justified
6.2 An objective justification is given, for example, if the room(s) are
(the rooms) has (have) become unusable, guests who have already been accommodated extend their
Guests are extending their stay, there is an overbooking or other important operational measures require this step
Measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the Proprietor.
§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the following rights
the right to the customary use of the rented rooms, the facilities of the accommodation establishment
facilities of the accommodating establishment, which are usually and without special conditions
to the use of the guests and to the usual service.
The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules)
§ 8 Obligations of the contracting party
8.1 The contracting party shall be obliged to pay the agreed remuneration, plus any
agreed remuneration plus any additional amounts due to separate use of services by him and/or the
Services by him and/or the guests accompanying him, plus statutory value added tax
plus the statutory value added tax.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If
foreign currencies, they shall be accepted in payment at the exchange rate of the day, if possible
rate of exchange. Should the Proprietor accept foreign currencies or
foreign currencies or cashless means of payment, the Party shall bear all related costs, such as
costs in connection therewith, such as enquiries with credit card companies,
8.3 The Party shall be liable to the Proprietor for any damage suffered by the Party or the
or the Guest or any other person who accepts the Proprietor's services with the knowledge or will
Services of the Proprietor with the knowledge or will of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Party shall be
payment, the Proprietor shall be entitled to the statutory right of retention in accordance with
right of retention pursuant to Section 970c ABGB as well as the statutory right of lien pursuant to Section 1101
ABGB to the items brought in by the Party or the Guest.
This right of retention or lien shall furthermore be available to the Proprietor as security for its
his claim arising from the accommodation contract, in particular for catering,
other expenses incurred on behalf of the Party and for possible
for any claims for compensation of any kind.
9.2 If the service is provided in the room of the Party or at exceptional
Times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor is
shall be entitled to charge a special fee for this. However, this special charge shall be
be indicated on the room rate card. The Proprietor may also refuse these services
services for operational reasons.
9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time
of his services at any time.
§ 10 Obligations of the Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to the extent of his
Services to an extent that corresponds to his standard.
10.2 Special services of the hotelier that are not included in the accommodation fee and that require an award
a) Special accommodation services that may be charged separately, such as the provision of salads, tea and coffee
such as the provision of lounges, sauna, indoor swimming pool, solarium, garage,
Swimming pool, solarium, garaging, etc;
b) for the provision of additional beds or children's beds, a reduced price shall be charged
Price shall be charged.
§ 11 Liability of the Proprietor for Damage to Items Brought into the Accommodation
11.1 The Proprietor shall be liable pursuant to Sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party
Things brought in by the Party. The Proprietor shall only be liable if
the items are handed over to the Proprietor or to the persons authorised by the Proprietor
or to a place instructed or designated for this purpose by the latter
or to a place designated for this purpose by the latter. If the Proprietor is unable to furnish proof, the Proprietor shall be liable for his own fault or for fault on his part
for his own fault or the fault of his staff as well as for the fault of the
persons leaving and arriving. The accommodation provider shall be liable pursuant to § 970 para. 1
ABGB (Austrian Civil Code) up to the maximum amount stipulated in the Federal Law of 16 November 1921 on the
Liability of innkeepers and other entrepreneurs, as amended from time to time
applicable version. If the contracting party or the guest fails to comply with the request of the
of the Proprietor to deposit his or her belongings in a special place of safekeeping, the Proprietor shall be
the Proprietor shall be released from any liability.
The amount of any liability of the Proprietor shall be limited to the maximum
Liability insurance sum of the respective accommodation provider. Any fault of the
of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If
if the Party is an entrepreneur, liability shall also be excluded for gross negligence
excluded. In this case, the Party shall bear the burden of proof for the existence of fault
burden of proof for the existence of fault. Consequential or indirect damages as well as
lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently
currently € 550,--. The Proprietor shall only be liable for any further
Damage only in the event that he has taken over these items for safekeeping with knowledge of their
or in the event that the damage was caused by him or one of his staff
or if the damage was caused by himself or one of his staff. The limitation of liability
according to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse to keep valuables, money and securities in safe custody if they are
may refuse the safekeeping of valuables, money and securities if they are considerably more valuable than the
Guests of the accommodation establishment concerned usually give into safekeeping.
11.5 Liability shall be excluded in any case of assumed safekeeping,
if the Party and/or Guest does not immediately notify the Proprietor of the damage
damage to the Proprietor without undue delay. Moreover, these claims shall be
claims shall be asserted in court within three years of knowledge or possible knowledge by the Party and/or Guest
or guest; otherwise the right shall be extinguished.
§ 12 Limitation of liability
12.1 If the Party is a consumer, the Proprietor's liability shall be limited to the following cases
negligence, with the exception of personal injury.
12.2If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded
for slight and gross negligence. In this case, the Party shall bear the
the burden of proof for the existence of fault. Consequential damage,
consequential damage, intangible damage or indirect damage as well as lost
not be compensated. The damage to be compensated shall in any case be limited to the amount of the
Amount of the interest in trust.
§ 13 Keeping of animals
13.1 Animals may only be brought into the accommodation facility with the prior consent of the accommodation provider and, if necessary
and, if applicable, in return for special remuneration.
13.2 The Party bringing an animal shall be obliged to keep the animal properly during its stay
animal during its stay or to supervise it or to have it cared for by suitable
or to have it kept or supervised by a suitable third party at its own expense
13.3 The contracting party or guest taking an animal with them must have appropriate pet liability insurance or a private insurance
Pet liability insurance or private liability insurance, which also covers possible
which also covers possible damage caused by animals. Proof of the
insurance shall be provided at the request of the Proprietor
13.4 The Party or its insurer shall be jointly and severally liable to the Proprietor for the
the Proprietor for any damage caused by animals brought along. The damage
shall in particular also include any compensation to be paid by the Proprietor to third parties
The accommodation provider has to provide to third parties.
13.5 Animals shall not be allowed in the lounges, public rooms, restaurant rooms and wellness areas
animals are not permitted.
§ 14 Extension of the accommodation
14.1 The Party shall not be entitled to have its stay extended
be extended. If the Party gives notice in good time of its wish to extend the stay, the Proprietor may
the Proprietor may agree to the extension of the Accommodation Agreement
agree to the extension. The Proprietor shall not be obliged to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure
due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods, etc.)
Circumstances (e.g. extreme snowfall, floods, etc.), all possibilities of departure
the accommodation contract is automatically extended for the duration of the impossibility of departure
automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period
Time shall only be possible if the Party does not use the services offered by the
Services offered by the accommodating establishment due to the extraordinary weather conditions
as a result of the exceptional weather conditions. The Proprietor shall be entitled to
to demand at least that remuneration which corresponds to the price usually charged in the low season
the low season.
§ 15 Termination of the Accommodation Agreement - Early Termination
15.1 If the accommodation contract has been concluded for a fixed period of time, it shall end
with the expiry of time.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration
agreed remuneration. The Proprietor shall deduct what he has saved as a result of his
saved as a result of the non-utilisation of the services offered by the Proprietor or
what he/she has obtained by letting the reserved rooms to other parties. A
Savings shall only be deemed to exist if the accommodation provider at the time of the
The accommodation business is fully occupied at the time of the guest's non-use of the rooms
and the room can be let to other guests due to the cancellation of the contracting party
can be let to further guests. The burden of proof of the savings shall be borne by the
15.3 The death of a guest shall terminate the contract with the Proprietor.
15.4 If the accommodation contract was concluded for an indefinite period of time, the contracting parties can
parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract
The intended end of the contract.
15.5 The Proprietor shall be entitled to dissolve the Accommodation Agreement with immediate effect
for an important reason, in particular if the Party or the Guest
a) makes a considerably detrimental use of the Premises or
through his inconsiderate, offensive or otherwise grossly improper behaviour
the other guests, the owner, the owner's staff or third parties staying in the accommodation establishment
third parties living in the accommodation establishment
or commits an offence punishable by law against the property, morality or
against the property, morality or physical safety of these persons; or
is guilty of an offence
b) is afflicted with a contagious disease or a disease which extends beyond the duration of the accommodation
or is otherwise in need of care;
c) does not pay the submitted invoices when they become due within a reasonably
Within a reasonable period of time (3 days).
15.6 If the fulfilment of the contract is prevented by an event which is to be regarded as force majeure
(e.g. natural disasters, strike, lockout, official decrees, etc.)
the Proprietor may terminate the Accommodation Agreement at any time without observing
Contract at any time without observing a period of notice, provided the contract is not already
already deemed to be terminated by law or the Proprietor is released from his obligation to provide accommodation
obligation to accommodate. Any claims for damages etc. of the Party shall be excluded
§ 16 Illness or Death of the Guest
16.1 If a Guest falls ill during his/her stay at the accommodating establishment, the Proprietor shall, at the request of the Guest
the Proprietor shall provide medical care at the request of the Guest. In case of imminent
in case of imminent danger, the accommodation provider shall arrange for medical care even
Request of the guest, in particular if this is necessary and the guest himself
necessary and the guest is not able to do so himself.
16.2 As long as the guest is not in a position to make decisions or the relatives of the guest cannot be contacted, the accommodation provider shall arrange for medical care
the guest's relatives cannot be contacted, the Proprietor shall, at the
Medical treatment at the expense of the guest. The scope of these care measures
shall, however, end at the time when the guest is able to make decisions or the
or the relatives have been informed of the case of illness
have been notified.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in case of death
against their legal successors in particular for the following costs:
a) outstanding medical costs, costs for ambulance transport, medication and medical aids
b) room disinfection that has become necessary,
c) laundry, bed linen and bed furnishings that have become unusable, otherwise
for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc,
carpets, etc., in so far as they have been soiled or damaged in connection with the illness or death
or damaged in connection with the illness or death,
e) room rent, insofar as the room was occupied by the guest, plus any
days that the rooms are unusable due to disinfection, evacuation or other reasons
Disinfection, evacuation or similar,
f) any other damages incurred by the Proprietor.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance shall be the place where the accommodating establishment is located.
17.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of
Exclusion of the rules of private international law (esp. IPRG and EVÜ) as well as the
and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the Proprietor
of the Proprietor, whereby the Proprietor shall also be entitled to assert his rights at any other
rights at any other local court having jurisdiction over the subject matter
17.4 If the Accommodation Agreement was concluded with a Party that is a consumer and has its
and has his or her domicile or habitual residence in Austria,
against the consumer may be brought exclusively at the place of residence, the habitual
Place of residence or place of employment of the consumer
place of employment.
17.5 If the accommodation contract has been concluded with a contracting party who is a consumer
and who is domiciled in a member state of the European Union (with the exception of
Austria), Iceland, Norway or Switzerland, the court of the consumer's place of
The consumer's place of residence shall have exclusive jurisdiction for actions against the consumer
and subject matter for actions against the consumer.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, the running of a time limit shall commence upon
of a time limit begins with the delivery of the document setting the time limit to the parties to the contract,
which must observe the time limit. Where a time limit is calculated in days
the day in which the time or event after which the period expires falls shall not be counted
or the event on the basis of which the period is to begin.
Time limits expressed in weeks or months refer to the day of the week or month which
of the week or month which, by its name or number, corresponds to the day from which the period is to begin
Day from which the period is to be counted. If this day is missing in the
Month, the last day of that month shall be decisive.
18.2 Declarations must be received by the other party on the last day of the period (midnight)
(midnight) on the last day of the period.
18.3 The Proprietor shall be entitled to set off claims of the Party against its own claims
Own claims against the Party's claim. The Party shall not be entitled to set off its own
Own claims against claims of the Proprietor, unless the Proprietor is
the Proprietor is insolvent or the Party's claim has been judicially determined or
established by a court of law or acknowledged by the Proprietor.
18.4 In the event of any loopholes, the relevant statutory provisions shall apply.