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HOTEL SANS SOUCI WIEN


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HOTEL SANS SOUCI VIENNA

Burggasse 2 | 1070 Wien, Austria

 

T: +43-1-522 25 20

F: +43-1-522 25 20-299

E: hotel@sanssouci-wien.com
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Sans Souci Terms & Conditions

 

GENERAL TERMS & CONDITIONS FOR
THE HOTEL INDUSTRY, 2006
(AGBH 2006)

As amended on 15 November 2006

 

 § 1 Scope
1.1 These General Terms & Conditions for the Hotel Industry (hereinafter “AGBH 2006”) replace the hitherto valid ÖHVB (Austrian Hotel Contract Conditions) as amended on 23 September 1981.
1.2 The AGBH 2006 does not exclude special agreements. The AGBH 2006 prevails agreements made on an individual basis.

 

 § 2 Definitions
2.1 Definitions.
“Hotelier”: Means a natural person or legal entity accommodating Guests against remuneration.
“Guest”: Means a natural person making use of lodging. Usually a Guest is the contracting party at the same time. Guests also include those individuals accommodated together with the Party (e.g. family members, friends, etc.).

“Party”: Means a domestic or foreign natural person or legal entity entering into an accommodation agreement as a Guest or on behalf of a Guest.

“Private person” and "Company": these terms shall be construed as defined by the 1979 Consumer Protection Act as amended.

"Lodging Agreement": Means the agreement concluded between the Hotelier and the Party, the contents of which are specified in detail below.

 

 § 3 Execution of the agreement – down payment
3.1 The Lodging Agreement is considered to be entered into upon the acceptance of the Party’s order by the Hotelier. Electronic notifications are considered received when they can be retrieved under normal circumstances by the party to whom they are addressed under the provision that they are received within the published business hours of the Hotelier.
3.2 The Hotelier reserves the right to conclude the Lodging Agreement under the provision that a down payment is made by the Party. In this case, the Hotelier is obligated to inform the Party of the required down payment before accepting the written or verbal order of the Party.
Provided that the Party agrees to the down payment (in writing or verbally) the Lodging Agreement is considered to be concluded upon the Hotelier’s receipt of the Party’s agreement to this down payment.
3.3 The Party is committed to make the down payment no later than seven (7) days (receipt) prior to the lodging. The Party bears all costs for the financial transaction (e.g. remittance fee). Payments with credit or debit cards are subject to the terms and conditions of the respective issuing company.
3.4 The down payment is an advanced partial payment on the agreed remuneration.

 

 § 4 Begin and end of lodging
4.1 Unless the Hotelier offers another point of time for occupancy, the Party is entitled to occupy the rented room(s) on the agreed date ("arrival date") as of 4pm.
4.2 If the room is for the first time occupied before 6am, the preceding night shall be deemed the first night of lodging.
4.3 The Party shall vacate the rented room(s) by 12.00 noon on the departure date. The Hotelier is entitled to charge for another day if the rented room(s) has/have not been vacated by such time.

 

§ 5 Cancellation of the Lodging Agreement – cancellation fee

Cancellation by the Hotelier

5.1 If the Lodging Agreement provides for the down payment and such down payment has not been made by the Party in time, the Hotelier is entitled to cancel the Lodging Agreement without any period of grace.
5.2 If the Guest fails to arrive by 6pm on the agreed date, the Hotelier has no accommodation obligation unless a later time of arrival had been agreed upon.
5.3 Where the Party has made a down payment (see 3.3) the room(s) shall remain reserved until latest 12.00 noon of the day following the arrival day. Where a down payment for more than four days has been made, the obligation to accommodate a Guest shall end at 6pm of the fourth day, counting the arrival day as the first day, with the exception that the Guest has informed the Hotelier of the later date of arrival.
5.4 Unless otherwise agreed, the Hotelier may cancel the Lodging Agreement for objective and valid reasons by means of unilateral declaration no later than three months before the agreed date of arrival of the Party.


Cancellation by Party – cancellation fee
5.5 The Party may cancel the Lodging Agreement by means of unilateral declaration without payment of a cancellation fee no later than three months before the agreed arrival date of the Guest.
5.6 After the period specified in § 5.5, the Party will be liable for the following cancellation fees for a cancellation of the Lodging Agreement by means of unilateral declaration:
- up to 1 month before the arrival date  - 40% of the total agreed price;
- up to 1 week before the arrival date - 70% of the total agreed price;
- within the final week preceding the arrival date - 90% of the total agreed price.

Up to 3 months - no cancellation fees
From 3 to 1 months - 40%
From 1 month to a week - 70%
Within the last week - 90%

 

Prevention from Arrival
5.7 If the Party is prevented from arriving at the accommodating establishment on the date of arrival due to unforeseeable extraordinary events (e.g. extreme snowfall, floods, etc.) the Party shall not be obliged to pay the agreed remuneration for the days needed for the arrival.
5.8 The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

 

§ 6 Provision of substitute accommodation
6.1 The Hotelier may provide the Party and/or Guests adequate substitute accommodation (of equivalent quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.
6.2 Objective justification is given, for example, if the room(s) has/have become unusable, accommodated Guests prolong their stay, the establishment is overbooked, or other important operational requirements make this measure necessary.
6.3 Any extra expenses arising from such substitute accommodation shall be borne by the Hotelier.

 

§ 7 Rights of the Party
7.1 By conclusion of a Lodging Agreement, the Party gains the right to make normal use of the rented room(s) and the facilities of the accommodating establishment that are usually accessible for use by Guests without any special conditions and for services usually provided. The Party may exercise its rights in accordance with any applicable hotel and/or guest regulations (house rules). 

 

§ 8 Obligations of the Party
8.1 The Party is liable under the contract to pay the agreed remuneration plus any additional amounts arising from the use of special services by the Party and/or accompanying Guests plus any applicable VAT by the date of departure at the latest.
8.2 The Hotelier has no obligation to accept foreign currencies. Where the Hotelier accepts foreign currencies, they should be accepted at the current price. Where the Hotelier accepts foreign currencies or non-cash payment, the Party shall pay any associated costs (e.g. for inquiries with credit card companies, telegrams, etc.).

8.3 The Party is liable to the Hotelier for any damage caused either by themselves or the Guest or any other person receiving services of the Hotelier with the knowledge or in accordance with the intention of the Party.

 

§ 9 Rights of the Hotelier
9.1 Where the Party refuses to pay the agreed remuneration or is in arrears, the Hotelier is entitled to make use of its legal right of retention in accordance with § 970c ABGB [Austrian Civil Code] and the legal right of lien in accordance with § 1101 ABGB with respect to the items brought in by the Party and/or Guest. Furthermore, the Hotelier is entitled to claim its right of retention or lien in order to secure its claims under the Lodging Agreement, particularly for catering, other expenses accrued by the Party and for any claims for compensation.
9.2 The Hotelier is entitled to charge extra remuneration if services are requested in the room of the Party or at unusual times of the day (after 8pm and before 6am). However, such extra remuneration must be indicated on the price board of the room. The Hotelier reserves the right to refuse such services for operational reasons.
9.3 The Hotelier is entitled to issue invoices and/or interim invoices for its services at any time.

 

§ 10 Responsibilities of the Hotelier
10.1 The Hotelier is responsible for the provision of the agreed services to the extent appropriate to its standard.
10.2 Special services of the Hotelier, not included in the accommodation remuneration and subject to additional charges, for example:
a) Extra services of accommodation that may be invoiced separately, such as the provision of lounges, sauna, indoor and/or outdoor swimming pool, solarium, garages etc.;
b) A reduced price for the provision of additional beds or cribs.

 

§ 11 Liability of the Hotelier for damage to items brought in
11.1 The Hotelier is liable for items brought in by the Party in accordance to §§ 970ss ABGB. The liability of the Hotelier is limited to items handed over to the Hotelier, or to people authorised by the Hotelier, or if deposited in a place indicated or designated for this purpose. If the Hotelier fails to provide evidence of the contrary, the Hotelier is liable for its own fault and for the fault of its staff and of people entering and leaving. In accordance with § 970 sec. 1 ABGB, the liability of the Hotelier is limited to the amount specified in the Austrian law on the liability of innkeepers and other companies dated 16 November 1921 (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer) as amended. If the Party or Guest fails to comply with the Hotelier’s request to immediately deposit items in a special deposit, the Hotelier is released from any liability. The amount to which the Hotelier is liable is limited to the maximum of the sum insured under the liability insurance of the respective Hotelier. Any fault of the Party or Guest must be taken into account. 
11.2 The Hotelier may not be held reliable for slight negligence. If the Party is an entrepreneur,  liability is also excluded for gross negligence. In this case, the Party shall bear the burden of proof as to whether or not a case of fault is given. In no event shall consequential or indirect damage and no loss of profits be reimbursed.
11.3 The amount to which the Hotelier is liable for valuable, money and securities is limited to € 550,- The Hotelier shall only be liable for any damage in excess of this amount in the event it has accepted such items for deposition, knowing their nature and condition, or if the damage has been caused by itself or by its staff. The limitation of liability with respect to 12.1 and 12.2 applies to the same extent.
11.4 The Hotelier reserves the right to refuse the safekeeping of valuables, money and securities if the items have a significant higher value than those usually deposited for safekeeping by Guests of the respective accommodating establishment.
11.5 Liability for the safekeeping is excluded in any case where the Party and/or Guest fail to immediately notify the Hotelier of the damage incurred immediately upon knowledge. Furthermore, where such claims are not legally enforced by the Party and/or Guest within three years as of knowledge or possible knowledge the right for further claims shall forfeit.

 

§ 12 Limitation of liability
12.1 Where the Party is a private person, the liability of the Hotelier is excluded for slight negligence except for bodily injuries.
12.2 Where the Party is a company, the liability of the Hotelier is excluded for slight and for gross negligence. In this case, the Party shall bear the burden of proof as to whether or not a case of fault is given. In no event shall consequential, immaterial or indirect damage and loss of profit be reimbursed. In any case, the damage to be reimbursed is limited to the amount of liability due to reliance on trustworthiness.

 

§ 13 Pets
13.1 Pets may only be brought to the accommodation establishment with prior consent of the Hotelier and against additional remuneration.
13.2 Where the party brings a pet, it is committed to keep and/or to supervise said pet properly for the duration of the stay or to have it kept and/or supervised by a qualified third party at their own expense.
13.3 The Party and/or the Guest bringing a pet must have liability insurance for the pet and/or third party liability covering any damage caused by the pet. Upon request of the Hotelier, evidence of the respective insurance must be provided.
13.4 The Party and/or its insurer are jointly and severally liable to the Hotelier for damages caused by any brought pet. In particular, the liability must include any compensation to be paid by the Hotelier to third parties.
13.5 No animals are allowed in lounges, saloons, restorations and wellness areas.

 

§ 14 Prolongation of accommodation
14.1 The Party is not entitled to any prolongation of its stay. Provided that the Party expresses its wish for a prolongation of its stay in sufficient time, the Hotelier may consent to a prolongation of the Lodging Agreement. However, the Hotelier has no obligation to do so.
14.2 Where the Party is prevented from leaving the accommodating establishment on the departure date due to unforeseeable extraordinary events (such as extreme snowfall, floods, etc.), and all means for travelling are blocked or not usable, the Lodging Agreement shall automatically extend to the duration of such prevention from departure. Any reduction in the remuneration for this period is in any case only permitted where the Party is prevented from full use of the services offered by the accommodation establishment in consequences of the extraordinary weather conditions. The Hotelier is entitled to charge at least the remuneration corresponding to the price usually charged in low season.

 

§ 15 Termination of the Lodging Agreement – early cancellation
15.1 Where the Lodging Agreement was made for a certain period, it shall end upon its expiration.
15.2 Where the Party leaves prematurely, the Hotelier is entitled to charge the total remuneration agreed. The Hotelier shall deduct any amounts saved because of the non-utilisation of its services offered or received by further letting of the booked rooms. Such saving is only given if the accommodating establishment is fully booked at the time of the non-utilisation of the room(s) booked by the Guest and provided that the room(s) can be let to other Guests following the cancellation of the Party. The Party shall bear the burden of proof as to the savings made.
15.3 The agreement with the Hotelier ends with the death of the Guest.
15.4 Where the accommodation agreement has been made for an infinite term, the contracting parties may terminate the agreement three days prior to the intended termination of the agreement by latest 10am.
15.5 The Hotelier is entitled to terminate the agreement with immediate effect for good reason, in particular if the Party and or the Guest
a) uses of the room(s) in such way that represents a material disadvantage; or behaves recklessly, offensively or otherwise rudely and improperly towards other Guests, the owner or their staff; or behaves in such way that third parties living in the accommodation establishment are put off; or is guilty of committing a criminal offence against the property, morality or physical safety of such people;
b) is affected by a contagious illness, or a disease exceeding the duration of the accommodation or otherwise becomes care-needy;
c) fails to settle invoices presented at maturity within reasonable time (3 days).
15.6 Where the performance of the agreement becomes impossible because of events deemed force majeure (e.g. acts of God, strikes, lookouts, official decrees, etc.) the Hotelier may terminate the accommodation agreement any time without observing a cancellation period, provided that the agreement is not already terminated by law or the Hotelier is released of its lodging obligation. Any claims for any damages by the Party shall be excluded.

 

§ 16 Illness or death of the Guest
16.1 If a Guest contracts an illness during the stay at the accommodation establishment, the Hotelier shall arrange for medical care upon request of the Guest. In the event of imminent danger, the Hotelier shall arrange for medical care even without the Guest’s particular request, specifically if this is necessary and the Guest is not in the position to make such an arrangement.
16.2 For the duration of time when the Guest is unable to make decisions independently or it is impossible to contact the family of the Guest, the Hotelier shall arrange for medical care at the expense of the Guest. However, such care shall end at that point of time when the Guest is able to make decisions on his own accord again or family members have been duly informed of the illness.
16.3 The Hotelier may claim compensation from the Party and the Guest or in the event of death, against its successor, in particular for the following expenses:
a) doctor‘s fees not yet settled, costs for emergency medical service, medication and medical aids;
b) necessary room disinfection;
c) cloths, beddings and bed equipment that have become unusable, or otherwise the disinfection and thorough cleaning of all such items;
d) restoration of walls, furniture and carpets in the event that they have been contaminated or damaged in connection with the illness or death;
e) rent for the room(s), as far as they have been occupied by the Guest, plus any days where the room(s) were not usable, because of the disinfection, vacation, or similar;
f) any other damages incurred by the Hotelier.

 

§ 17 Place of fulfilment, court of jurisdiction and choice of law
17.1 Place of fulfilment shall be the place where the accommodation establishment is located.
17.2 This agreement is construed under the objective and substantial law of Austria with exclusion of the provisions of international private law (in particular the IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
17.3 Where the Party is a company, the place of jurisdiction shall be exclusively at the offices of the Hotelier; however, the Hotelier reserves the right to enforce the agreement at any other locale court or court competent in the matter.
17.4 Where the Lodging Agreement has been made with the private Party having its residence and/or usual place of residence in Austria, action against the private person may be filed exclusively at the place of residence or place of work of this private person.
17.5 Where the Lodging Agreement has been made with the private party having its residence in a member state of the European Union (with the exclusion of Austria), Iceland, Norway or Switzerland the other locale court or court competent in the matter at the place of residence of that private person.

 

§ 18 Miscellaneous
18.1 Unless otherwise specified in the provisions above, any period of time shall begin with the delivery of the document defining the period of time to be met. For the calculation of a period based on a given number of days, the day or point of time of the event to which the beginning of the period refers shall not be counted. Periods calculated on a weekly or monthly basis refer to the day of the week or month that corresponds to the day with the name or number of the day that is taken as the basis for the calculation of the period. Where this day of the month is missing, the final day of the respective month is relevant.
18.2 Any notices shall be received by the other Party on the last day of the period (12.00 midnight).
18.3 The Hotelier is entitled to offset any of the claims of the Party against its own claims. The Party is not entitled to offset any of its claims against claims of the hotelier unless the hotelier is insolvent or the Party’s claim has been established by the court or has been acknowledged by the Hotelier.
18.4 In the case that any provision is not included, the respective legal provision shall apply.