GENERAL TERMS & CONDITIONS FOR
THE HOTEL INDUSTRY, 2006 (AGBH 2006)
Version from 14 April 2017
General Terms and Conditions with Customer Information
Table of Contents
- Contract conclusion
- Right of withdrawal (revocation)
- Prices and payment conditions
- Beginning and end of accommodations – withdrawal from accommodation contract by Hotelier
- Provision of alternative accommodation
- Rights and obligations
- Liability of the Hotelier
- Keeping pets
- Applicable law
- Ending the accommodation contract – premature cancellation
- Information concerning online settlement of disputes
1.1 These General Terms of Business (“GTB”) of
Hotel Sans Souci Management GmbH
1070 Vienna, Austria
T: +43-1-522 25 20
(“Hotelier”) apply to all contracts on renting hotel rooms for accommodations, as well as all additional services and deliveries rendered for the customer in this context (“Hotel Accommodation Contract”) which a Consumer or entrepreneur (“Guest”) concludes with Hotelier regarding the services presented in Hotelier’s online shop. Unless otherwise agreed, we hereby oppose the inclusion of the customer’s own conditions.
1.2 Definition of terms:
“Hotelier”: is a natural person or legal entity who accommodates guests in return for payment.
“Guest”: is a natural person who makes use of these accommodations. Guest is usually a Contractual Partner as well. Guest also includes persons who arrive with Contractual Partner (e.g., family members, friends, etc.).
“Contractual Partner”: is a natural person or legal entity, from this country or abroad, who concludes a Hotel Accommodation Contract as a Guest or for a Guest.
“Consumer” as defined by these GTB is any natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to their commercial or independent professional activity. “Entrepreneur” as defined by these GTB is a natural person or legal entity, or a partnership with legal capacity, who by concluding a legal transaction is exercising their commercial or independent professional occupation.
2) Contract conclusion
2.1 The product and service descriptions contained in Hotelier’s online shop do not constitute binding offers on the part of Hotelier, but only serve the submission of a binding offer by Contractual Partner.
2.2 Contractual Partner can submit their offer via the booking form integrated into Hotelier’s online shop. To do so, Contractual Partner goes through the electronic booking process, then clicks the button which closes the booking procedure, thereby making a legally binding contractual offer regarding the goods or services contained in the shopping cart. Contractual Partner can also submit the offer to Hotelier by telephone or e-mail.
2.3 The Hotel Accommodation Contract is formed when Hotelier accepts the order submitted by Contractual Partner. Hotelier can accept Contractual Partner’s order within one day,
- by transmitting to Contractual Partner an order confirmation in writing or in text form (fax or e-mail), whereby the receipt of the order confirmation by Contractual Partner will be decisive in determining compliance with the time limit.
If Hotelier does not accept Contractual Partner’s offer within the aforementioned time limit, this will be deemed rejection of the offer, with the result that Contractual Partner will no longer be bound to their declaration of intent.
2.4 Hotelier is entitled to conclude the Hotel Accommodation Contract under the condition that Contractual Partner makes an advance payment. In this case, Hotelier shall notify Contractual Partner of the required advance payment before accepting their order. If Contractual Partner agrees to make an advance payment by way of advance bank transfer, Hotelier declares their acceptance of Contractual Partner’s offer as soon as the customer triggers the payment procedure by clicking the button which concludes the order process. This does not apply if a credit card is used, in which case Hotelier must also accept the booking so that the contract is formed.
Contractual Partner shall make the advance payment so that it is received by 7 days at the latest before the accommodations in question. Contractual Partner shall bear the costs for the financial transaction (e.g., transfer fees). The advance payment is deemed a prepayment on the agreed remuneration.
2.5 When an offer is submitted via Hotelier’s online order form, Hotelier shall save the contract text and return it to Contractual Partner after shipping their order, along with these GTB (e.g., e-mail, fax or letter). In addition, the contract text will be archived on Hotelier’s internet site and can be requested by Contractual Partner.
2.6 Before Contractual Partner makes a binding submission of their order via the online order form, they can identify possible entry errors by carefully reading the information displayed on the screen. During the electronic order procedure, Contractual Partner can use the typical keyboard and mouse functions to correct their entries until they click the button concluding the order process.
2.7 The contract will be concluded exclusively in German.
2.8 As a rule, the order will be handled and contact established by e-mail and automatic order processing. Contractual Partner shall ensure that the e-mail address they have provided for order processing is correct, so that the e-mails sent by Hotelier can be received at this address. In particular, Contractual Partner shall set their SPAM filters so that all e-mails sent by Hotelier, or a third party commissioned by Hotelier to process the order, can be received.
3) Contractual Partner’s right of withdrawal (revocation); Cancellation fee
3.1 Consumers are basically entitled to a right of withdrawal.
3.2 Pursuant to § 18 FAGG (Austrian act on contracts for remote sales and those concluded outside of business premises), unless anything to the contrary has been agreed, no right of withdrawal exists for contracts on the rendering of services in the accommodations sector for non-residential purposes, as well as deliveries of food and drink, and services rendered in connection with recreational activities, provided a certain date or timeframe is contractually stipulated for contractual fulfillment by the entrepreneur. According to this act, a right of withdrawal is also excluded for contacts whose subject matter is the scheduled booking of rooms, as is the case here.
3.3 Contractual Partner may terminate the Hotel Accommodation Contract without paying a cancellation fee by making a unilateral declaration up to 3 months before the agreed date of Guest’s arrival. After that, any unilateral withdrawal on the part of Contractual Partner will incur the following cancellation fees:
up to 1 month before date of arrival 40% of the total gross price;
- up to 1 week before date of arrival 70% of the total gross price;
- during the last week before date of arrival 90% of the total gross price.
up to 3 months no cancellation fees
3 months to 1 month 40%
1 month to 1 week 70%
During the last week 90%
4) Prices and payment conditions
4.1 Unless Hotelier’s description reveals anything to the contrary, the prices given are total prices which already contain legal VAT. Any additional local taxes incurred will be indicated separately.
4.2 The customer will be notified of the payment option(s) in Hotelier’s online shop.
5) Beginning and end of accommodations; Withdrawal from the Hotel Accommodation Contract by Hotelier
5.1 Contractual Partner is entitled to move into the rented rooms beginning at 4 pm on the agreed day (“Date of Arrival”), unless Hotelier has offered a different move-in time. If a room is claimed for the first time before 6 am, the previous night will be deemed the first overnight accommodation.
5.2 Contractual Partner shall vacate the rented rooms by 12 noon on the day of departure. If the rented rooms are not vacated on time, Hotelier is entitled to charge for an additional day.
5.3 If the Hotel Accommodation Contract provides for an advance payment but Contractual Partner fails to pay it on time, Hotelier will be entitled to withdraw from the contract without granting a grace period.
5.4 If Guest fails to appear by 10 pm on the agreed date of arrival, Hotelier will not be obligated to provide them accommodations unless a later time of arrival was agreed. If, on the other hand, Contractual Partner has made an advance payment, the premises will be reserved up to 12 noon of the day following the agreed date of arrival at the latest, and the stay will be set off against the agreed day of arrival. If an advance payment of more than four days has been made, the obligation to provide accommodations will end on the fourth day beginning at 6 pm, whereby the date of arrival will be charged as the first day and the stay will be set off against the agreed date of arrival.
5.5 Unless otherwise agreed, Hotelier is entitled to terminate the Hotel Accommodation Contract through unilateral declaration by 3 months before the agreed date of Contractual Partner’s arrival, if there are objectively justifiable reasons for doing so.
6) Provision of alternative accommodations
6.1 Hotelier is entitled to provide Contractual Partner or Guests an adequate alternative accommodation (of equal quality) if this is acceptable to Contractual Partner, especially if the difference is minimal and objectively justifiable.
6.2 Alternative accommodations are objectively justifiable, for example, if the room(s) are not usable, Guests who are already staying in the hotel extend their stay, the hotel is overbooked, or other important operational measures make it necessary to take this step.
6.3 Hotelier shall bear all additional expenses for such alternative accommodations.
Hotelier shall render the agreed services in a scope which meets their standard. If inadequate services are rendered, the provisions of the statutory guarantee will apply. By way of derogation, the following will apply:
7.1 For entrepreneurs, Hotelier may choose how they will provide supplementary performance for rectifiable defects;
8) Rights and obligations
8.1 Contractual Partner shall pay the agreed fee, plus legal VAT and any additional amounts incurred by them or guests accompanying them, or both, due to separate services which have been used, by the time of departure.
8.2 Hotelier is not obligated to accept foreign currency.
8.3 Contractual Partner shall be liable toward Hotelier for each instance of damage caused by Contractual Partner, Guest, or other persons who accept Hotelier’s services with the knowledge or in accordance with the intention of Contractual Partner.
8.4 If Contractual Partner refuses to pay or is in arrears with the stipulated remuneration, Hotelier shall be entitled to make use of the 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 along by Contractual Partner or Guest. Hotelier is also entitled to this right of retention or lien to secure their claims from the Hotel Accommodation Contract – especially for meals or other out-of-pocket expenses which were incurred for Contractual Partner – and for any claims for compensation.
8.4 Hotelier is entitled to issue invoices or interim invoices for their services at any time.
9) Liability of Hotelier
9.1 Hotelier shall be liable to the customer for all contractual, statutory and tortious claims for compensation for damages and expenses as follows.
9.2 Hotelier’s liability is limited to slight negligence except in cases of personal injury. If Contractual Partner is an entrepreneur, the liability is also excluded for gross negligence (except for personal injury) unless it concerns blatant gross negligence.
9.3 For items brought in, the following also applies: Hotelier shall be liable pursuant to §§ 970 et seq. ABGB for items brought in by Contractual Partner. Hotelier will be liable only if the items were handed over to Hotelier or a person authorised by Hotelier, or were taken to a place specified by these persons or under their instructions. Hotelier will not be liable if they can prove that the damages were not caused by them, one of their staff, or third parties entering and exiting the building (reverse onus). If the party injured by the occurrence of the damage is partly to blame, the obligation to provide compensation can be reduced or cancelled.
Hotelier shall be liable for valuables, money and securities only up to an amount of 550 euros. Otherwise, liability is limited to 1,100 euros. The proprietor shall be liable beyond these amounts if they knew how valuable the items were when they accepted them for safekeeping, or if they or one of their staff caused the damage intentionally or through gross negligence. Hotelier is entitled to refuse to safeguard valuables, money and securities if they are significantly more valuable than those normally brought in by guests at the accommodation facility in question.
If Contractual Partner or Guest fails to immediately comply with Hotelier’s request to deposit their items at a specified location for safekeeping, Hotelier will be released of all liability.
10) Keeping pets
10.1 Pets may be brought into the accommodation facility only after obtaining the Hotelier’s prior approval, and in return for a special fee in any case.
10.2 A Contractual Partner bringing in a pet shall safeguard and look after this pet properly during their stay, or shall pay to have this done by suitable third parties.
10.3 A Contractual Partner or Guest bringing in a pet shall possess appropriate animal liability insurance, or a private liability insurance that also covers possible damages caused by pets. Proof of such insurance must be provided on Hotelier’s request.
10.4 Contractual Partner and their insurer will be jointly liable to Hotelier for damages caused by pets that have been brought in. Such damage particularly includes compensation that Hotelier must pay to third parties.
10.5 Pets may not be brought into salons, communal spaces, restaurants or wellness areas.
11) Ending the Hotel Accommodation Contract; Premature cancellation
11.1 If the Hotel Accommodation Contract is concluded for a definite time period, it will end when that period expires.
11.2 If Contractual Partner departs prematurely, Hotelier will be entitled to demand the full payment. Hotelier shall deduct any amounts that they save because their service offer was not fully utilised, or what they obtain by renting the ordered rooms to other parties. Savings are deemed to exist only if the accommodation facility is fully booked at the time the premises ordered by Guest are not used, and the premises can be rented to other guests due to Contractual Partner’s cancellation. Contractual Partner shall bear the burden of proving such a savings exists.
11.3 The contract with Hotelier will end if a Guest dies.
11.4 If the Hotel Accommodation Contract is concluded for an indefinite period of time, the Contracting Parties can rescind the contract up until 10 am of the third day before the intended date for contract termination.
11.5 Hotelier is entitled to terminate the Hotel Accommodation Contract for cause with immediate effect, especially if Contractual Partner or Guest
a) uses the premises in a particularly disadvantageous way, or spoils the cohabitation for the other guests, the owner, the owner’s staff, or third parties living in the accommodation facility through their inconsiderate, offensive or otherwise uncouth behaviour, or culpably acts in a punishable way against property, decency or physical safety toward these persons;
b) suffers a contagious disease, or a disease which lasts past the duration of the accommodation, or is otherwise in need of care;
c) fails to pay the submitted invoices within a reasonable period (3 days) after they have become due.
11.6 If contract fulfilment becomes impossible due to an event classifiable as force majeure (e.g., natural disasters, strikes, lockouts, official decrees, etc.), Hotelier will be entitled to terminate the Hotel Accommodation Contract at any time without giving notice – provided the contract is not already deemed terminated, or Hotelier released from their obligation to provide accommodations, according to the law. Any claims to damage compensation, etc. on the part of Contractual Partner are excluded.
12) Applicable law; Place of jurisdiction
12.1 For all legal relationships between the Parties, the law of the Republic of Austria will apply under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by compulsory statutory provisions in the country in which the Consumer has their normal residence is not removed.
12.2 If Contractual Partner is an entrepreneur as defined by Item 1.2, the place of Hotelier’s registered office is agreed as the exclusive place of jurisdiction. For Contractual Partners who are consumers, the following will apply: For complaints of the entrepreneur against the Consumer and vice versa, the place of jurisdiction will be the Consumer’s residence if this residence is in the EU but not in Austria. If the Consumer’s residence or habitual abode is in Austria, they can be sued only in the court in whose district this residence or habitual abode is located; in this case, the entrepreneur can be sued by Contractual Partner only at their registered office, unless another place of jurisdiction is prescribed by law.
13) Information concerning online settlement of disputes
The EU Commission has provided a platform for settling disputes online under the following link: http://ec.europa.eu/consumers/odr
This platform serves as the point of contact for out-of-court settlement of disputes arising from online purchase or service contracts to which a Consumer is party.