Austrian hotel contract conditions

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The Austrian Hotel Contract Conditions (also ÖHVB ) are contracts that regulate the relationship between hotelier and guest in Austria , unless an individual contract has been concluded between the two parties . Particular attention is paid to § 5, which regulates the cancellation conditions.

The current version was adopted on September 23, 1981 during the 93rd committee meeting of the Hotel Association.

The ÖHVB was replaced in 2006 by the General Terms and Conditions for the Hotel Industry (AGBH 2006).

§ 1. General

The (general) Austrian hotel contract conditions represent the content of the contract for which the Austrian accommodation providers usually conclude accommodation contracts with their guests.

The Austrian hotel contract conditions do not exclude special agreements.

§ 2 contractual partner

  1. In case of doubt, the customer is the contracting party of the accommodation provider, even if he has ordered or has ordered for other named persons.
  2. Persons using the accommodation are guests within the meaning of the contractual conditions.

§ 3 Conclusion of the contract, down payment

  1. The accommodation contract is usually concluded when the accommodation provider accepts the guest's written or verbal order.
  2. It can be agreed that the guest pays a deposit.

§ 4 Beginning and end of the accommodation

  1. The guest has the right to move into the rented rooms from 4 p.m. 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 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
  3. If the guest has paid a deposit, however, the room (s) will remain reserved until 12 noon the following day at the latest.
  4. If a room is used for the first time before 6 a.m., the previous night counts as the first overnight stay.
  5. The rented rooms must be vacated by the guest by 12 noon on the day of departure.

§ 5 Withdrawal from the accommodation contract

  1. Up to three months before the agreed arrival date of the guest at the latest, the accommodation contract can be terminated by both contracting parties by means of a unilateral declaration without paying a cancellation fee.
    The declaration of cancellation must be in the hands of the contractual partner no later than three months before the agreed arrival date of the guest.
  2. The accommodation contract can be terminated by both contracting parties by unilateral declaration up to one month before the agreed arrival date of the guest at the latest; however, a cancellation fee equal to the room price for three days must be paid.
    The declaration of cancellation must be in the hands of the contractual partner no later than one month before the agreed arrival date of the guest.
  3. Even if the guest does not use the booked rooms or the boarding service, he is obliged to pay the accommodation provider the agreed fee. The accommodation provider must, however, deduct what he saves as a result of not using his range of services or what he has received by renting the ordered rooms to other parties. Experience has shown that in most cases the savings made by the company as a result of the failure to provide services will amount to 20 percent of the room price and 30 percent of the meal price.
  4. It is the responsibility of the accommodation provider to try to rent the unused rooms elsewhere according to the circumstances (Section 1107 ABGB ).

§ 6 Provision of substitute accommodation

  1. The accommodation provider can provide the guest with adequate replacement accommodation if this is reasonable for the guest, especially because the deviation is insignificant and objectively justified.
  2. An objective justification is given, for example, if the room (s) have become unusable, guests who have already been billeted extend their stay or other important operational measures require this step.
  3. Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.

§ 7 rights of the guest

This § 7 contradicts the information from Article § 4.
  1. By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility that are usually accessible to the guests for use without special conditions, and to the usual service.
  2. The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.
  3. If full board or half board has been agreed, the guest has the right to request adequate substitute food (packed lunch) or a receipt for meals that he does not use, provided that he has reported this in good time, that is by 6 p.m. the previous day .
  4. Otherwise, if the accommodation provider is ready to perform, if he does not take the agreed meals within the usual times of the day and in the premises designated for this, the guest has no claim to compensation.

§ 8 Obligations of the Guest

  1. Upon termination of the accommodation contract, the agreed fee must be paid. Foreign currencies will be accepted as part of payment by the accommodation provider at the daily rate.
    The accommodation provider is not obliged to accept cashless means of payment such as checks, credit cards, receipts, vouchers, etc.
    All costs necessary for the acceptance of these securities, e.g. for telegrams, inquiries, etc., are at the expense of the guest.
  2. If food or drinks are available in the accommodation facility, but are brought there and consumed in public spaces, the accommodation provider is entitled to charge appropriate compensation ( called stubble fee for drinks ).
  3. The consent of the accommodation provider must be obtained before using electrical devices that guests bring with them and that are not part of the usual travel needs.
  4. The provisions of the law on damages apply to damage caused by the guest. The guest is therefore liable for any damage and disadvantage suffered by the accommodation provider or third parties through his or her fault or the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to compensation to use the accommodation provider directly.

§ 9 rights of the accommodation provider

  1. If the guest refuses to pay the stipulated fee or if he is in arrears, the owner of the accommodation establishment has the right to withhold the items brought in to secure his claim for accommodation and catering as well as his expenses for the guest. (§ 970 c ABGB legal right of retention.)
  2. In order to secure the agreed fee, the accommodation provider has the right of lien on the objects brought in by the guest. (§ 1101 ABGB legal lien of the accommodation provider.)
  3. If the service is requested in the guest's room or at unusual times of the day, the accommodation provider is entitled to request a special fee; however, this special fee must be shown on the room price board. He 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 to an extent that corresponds to the standard.
  2. Special services of the accommodation provider that are subject to labeling and are not included in the accommodation fee:
    1. Special accommodation services that can be invoiced separately, such as the provision of salons, sauna and indoor swimming pool, swimming pool, solarium, storey swimming pool, garage etc.
    2. a reduced price will be charged for the provision of additional beds or cots.
  3. The excellent prices have to be inclusive prices.

§ 11 Liability of the accommodation provider for damage

  1. The accommodation provider is liable for damage suffered by a guest if the damage occurred within the framework of the company and he or his employees are at fault.
  2. Liability for items brought in. In addition, the accommodation provider is liable as custodian for the items brought in by the guests up to a maximum amount of EUR 1100, unless he proves that the damage was not caused by him or one of his employees or by strangers, incoming and outgoing persons was caused.
    Under these circumstances, the accommodation provider is liable for valuables, money and securities up to a maximum amount of EUR 550, unless he has taken these items into custody with knowledge of their nature or that the damage was caused by himself or his employees and he therefore has unlimited liability. A rejection of liability by posting has no legal effect.
    The safekeeping of valuables, money and securities can be refused if they are much more valuable items than guests of the business concerned usually keep in safekeeping. Agreements through which the liability is to be reduced below the level mentioned in the above paragraphs are ineffective. Items are considered to have been brought in when they are taken over by a person in the service of the accommodation establishment or brought to a place designated by the latter. (In particular §§ 970 ff. ABGB.)

§ 12 keeping of animals

  1. Animals may only be brought into the accommodation facility with prior approval and if necessary for a special fee.
    Animals are not allowed in the salons, social rooms and restaurant rooms.
  2. The guest is liable for the damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner (Section 1320 ABGB).

§ 13 Extension of the accommodation

An extension of the stay by the guest requires the consent of the accommodation provider.

§ 14 Termination of Accommodation

  1. If the accommodation contract was agreed for a specific period, it ends when the time expires. If the guest leaves early, the accommodation provider is entitled to demand the full agreed fee.
    However, it is the responsibility of the accommodation provider to try to rent the unused rooms to other parties, depending on the circumstances.
    In addition, the regulation in § 5 (5) applies accordingly (deduction percentages).
  2. The contract with the accommodation provider ends with the death of a guest.
  3. If the accommodation contract was concluded for an indefinite period of time, the contracting parties can terminate the contract at any time provided they give three days' notice. The termination must reach the contractual partner before 10 a.m., otherwise this day does not count as the first day of the notice period, but only the following day.
  4. If the guest does not vacate his room by 12 noon, the accommodation provider is entitled to charge the room price for an additional day.
  5. The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
    1. makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, prevents the other roommates from living together or acts against property, morality, against the accommodation provider and his people or a person living in the accommodation facility, which is threatened with punishment or is guilty of physical security;
    2. becomes infected with an infectious disease or illness that exceeds the duration of the accommodation or requires care;
    3. fails to pay the presented invoice upon request within a reasonable period.
  6. If the fulfillment of the contract becomes impossible due to an event that is considered to be force majeure, the contract will be terminated.
    However, the accommodation provider is obliged to return the payment already received on a pro-rata basis so that he does not derive any profit from the event. (§ 1447 ABGB.)

§ 15 Illness or death of the guest in the accommodation facility

  1. If a guest falls ill during his stay in the accommodation facility, the accommodation provider is obliged to provide medical care if this is necessary and the guest is unable to do so himself.
    The accommodation provider has the following claim for reimbursement of costs against the guest or, in the event of death, against his legal successor:
    1. any reimbursement of medical expenses not yet paid by the guest;
    2. for the necessary room disinfection, if this is ordered by the medical officer;
    3. if necessary, compensation for the linen, bed linen and bed furnishings that have become unusable, in return for these items being handed over to the legal successor, otherwise for the disinfection or thorough cleaning of all these items;
    4. for the restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged in connection with the illness or death;
    5. for the room rental, as well as it is canceled in connection with the illness or death due to the temporary unusability of the rooms (at least three, at most seven days).

§ 16 Place of performance and place of jurisdiction

  1. The place of fulfillment is the place in which the accommodation facility is located.
  2. For all disputes arising from the accommodation contract, the factually and locally competent court for the accommodation facility is agreed, except
    1. As a consumer, the guest has a place of employment or domicile in Germany; in this case, the place of jurisdiction that was announced by the guest in the registration is agreed;
    2. As a consumer, the guest has only one domestic place of employment; in this case this is agreed as the place of jurisdiction.


See also: Cooperation agreement for the set of rules between hotelier and travel agency / tour operator

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