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§ 1 General
The (general) Austrian Hotel Contract Conditions encompass every contract content to which Austrian accommodation providers commonly conclude with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.

§ 2 Contract partner
(1) As a contract partner of the accommodation provider, in cases of doubt the customer is liable even when he or she has ordered, or co-ordered, in the name of other persons.
(2) The persons using the accommodation are guests as defined by the Contract Conditions.

§ 3 Contract conclusion, deposit
(1) The accommodation contract is generally made valid by acceptance by the accommodation provider of the verbal or written order of the guest.
(2) Agreement can be made that the guest pays a deposit.
(3) The accommodation provider can also demand advance payment of the entire agreed sum.

§ 4 Start and end of the accommodation period
(1) The guest retains the right to occupy the rooms hired from 2pm on the agreed day.
(2) In the case of a guest not arriving by 6pm on the agreed day of arrival, the accommodation provider retains the right to withdraw from the contract, other than a later time of arrival has been agreed.
(3) If the guest has paid a deposit, the room (rooms) remain reserved until 12 noon, at the latest, on the following day.
(4) If a room is first occupied before 6am, the previous night is invoiced as the first night.
(5) The hired rooms are to be vacated by the guest by 12 noon on the day of departure.

§ 5 Withdrawal from the accommodation contract
(1) The accommodation contract can be cancelled, with no cancellation fee payable, by both contract partners through mutual declaration three months, at the latest, before the guest’s agreed day of arrival.
The declaration of cancellation must be in the hands of the contract partner three months, at the latest, before the guest’s agreed day of arrival.
(2) The accommodation contract can be cancelled by mutual agreement of both contract partners one month, at the latest, before the guest’s agreed day of arrival, and with a cancellation fee payable equal to the room price for three days.
The declaration of cancellation must be in the hands of the contract partner one month, at the latest, before the guest’s agreed day of arrival.
(3) The accommodation provider retains the right to withdraw from the contract in the case of a non-arrival of a guest by 6pm on the agreed day of arrival, other than a later time of arrival has been agreed.
(4) If a guest has paid a deposit, the room (rooms) remains reserved at the latest to 12 noon of the following day.
(5) Even if the guest does not occupy the booked rooms, or does not partake of the catering, he or she is liable for payment of the agreed price to the accommodation provider. The accommodation provider must subtract what has been saved due to the omission of use of services, or what has otherwise been received for rehiring the booked rooms According to experience, in most cases the operational savings due to the non-use of services amount to 20 percent of the room price and 30 percent of the catering price.
(6) ) The accommodation provider is incumbent, according to circumstances, to seek other hiring possibilities of the rooms not occupied (§ 1107 AHCC).

§ 6 Provision of replacement accommodation
(1) If the guest agrees, the accommodation provider can offer the guest adequate replacement accommodation, especially if the difference is slight and factually justified.
(2) Factual justification is given, for example, if the room (the rooms) have become unusable, if already accommodated guests wish to lengthen a stay or other important operational measures give rise to this step.
(3) Any extra costs for the replacement accommodation are at cost to the accommodation provider.

§ 7 Rights of the guest
(1) Through conclusion of an accommodation contract, the guest acquires the right to the usual use of the hired rooms, the facilities of the accommodation, which are normally available for use by the guest with no special conditions, and the usual service.
(2) The guest retains the right to occupy the hired rooms from 2pm on the agreed day of arrival.
(3) If full-board or half-board is agreed, the guest retains the right to demand adequate replacement catering (lunch packet or voucher/coupon) for that which has not been consumed, insofar this is notified in time, meaning by 6pm on the previous day.
(4) The guest has otherwise no claim for replacement if the accommodation provider is prepared to fulfil the agreed services and if the agreed meals are not consumed within the usual times of day and in the rooms provided.

§ 8 Obligations of the guest
(1) The agreed payment is to be made on termination of the accommodation contract. Foreign currency will be accepted by the accommodation provider according to the current exchange rate.
The accommodation provider is not obligated to accept cash-free means such as cheques, credit cards, coupons, vouchers, etc.
All of the necessary costs related to acceptance of these securities, such as for telegrams, inquiries, etc., are at cost to the guest.
(2) If the catering or drinks at the accommodation are available, but have been brought by the guest and consumed in the public rooms, the accommodation provider retains the right to invoice appropriate remuneration (so-called “cork money” for drinks).
(3) Agreement by the accommodation provider must be obtained for the use of electrical devices brought by the guest and which do not belong to usual travel needs.
(4) The regulations of the legal Rights of Compensation for Damages are valid for damages caused by the guest. Thus the guest is liable for all damage and disadvantage suffered by the accommodation provider, or third parties, due to his or her fault, and also if the damaged party is entitled to payment for damages directly from the accommodation provider.

§ 9 Rights of the accommodation provider
(1) If the guest refuses payment of the determined sum, or is in arrears, the owner of the accommodation retains the right to confiscate personal items brought to the accommodation by the guest as security of his or her claim for payment for accommodation, catering and expenses. (§ 970 c AHCC Legal Rights of Confiscation.)
(2) For securing the agreed payment, the accommodation provider retains the right to lien on personal items confiscated from the guest. (§ 1101 AHCC Accommodation Provider’s Legal Right of Lien.)
(3) If service is demanded in the guest’s room at unusual time of the day, the accommodation provider is entitled to demand special payment; this special payment, however, is to be given on the room-price board. The accommodation provider can also refuse to provide these services for operational reasons.

§ 10 Obligations of the accommodation provider
(1) The accommodation provider is obligated to provide the agreed services to an appropriately standard degree.
(2) The accommodation provider is obligated to indicate special services not included in the accommodation payment:
a) special accommodation services that can be separately invoiced, such as the provision of salons, sauna and indoor and outdoor swimming pools, solarium, floor bathroom, garage space, etc.
b) a reduced price is invoiced for the provision of additional beds or children’s beds.
(3) The given prices must be inclusive.

§ 11 Liability of the accommodation provider for damages
(1) The accommodation provider is liable for damages suffered by a guest if the damage has taken place within the hotel and is due to himself or his employees.
(2) Liability for brought in items. Moreover, as keeper of the items brought in by the accommodated guest the accommodation provider is liable for the maximum sum of 1,100 euro, insofar he or she is unable to prove that damage was caused by either himself or herself or an employee, or by persons unknown who pass in and out of the house.
In these situations the accommodation provider is liable for precious objects, money and securities valued to a sum not exceeding 550 euro, other than he or she has acknowledged their nature when taken for keeping, or that the damage was caused by himself or herself or an employee and is therefore liable without limit. Refusal of liability through notification is legally ineffective.
The keeping of precious items, money and securities can be refused if the items are of more value than normally given for keeping by guests at the accommodation in question. Agreements through which liability can be reduced to a lesser extent than given in the paragraphs above are ineffective. Items are then seen as handed in when accepted by personnel of the accommodation facility or brought to a suitably specific place appointed by the person. (Especially §§ 970 ff. AHCC.)

§ 12 Animal keeping
(1) Animals may only be brought to the accommodation after previous authorisation and in all cases for a special payment.
Animals must not be taken into the salons, public- and restaurant rooms.
(2) According to the valid legal animal-keeper regulations, the gust is liable for any damages caused by an animal brought to the accommodation premises (§ 1320 ABGB).

§ 13 Extension of stay
An extension of stay by the guest requires the agreement of the accommodation provider.

§ 14 Termination of the stay
(1) If the accommodation contract has been agreed for a specific time, it is thus terminated when the time has expired. If the guest leaves early, the accommodation provider retains the right to demand full payment as agreed.
However, according to the situation, the accommodation provider is incumbent to endeavour to rehire the rooms not otherwise used.
Moreover, the regulation in § 5 (5) is logically (deduction percentage) valid.
(2) The contract with the accommodation provider is terminated with the death of the guest.
(3) If the accommodation contract has been concluded for an indefinite period, the contract partners can cancel the contract with a period of notice of three days. The notice must reach the contract partner before 10am, otherwise this day is not seen as the first day of the period of notice – the day following alone becomes valid.
(4) If the guest does not vacate his or her room by 12 noon, the accommodation provider retains the right to invoice the room price for a further day.
(5) The accommodation provider is entitled to immediately cancel the accommodation contract if the guest
a) makes serious disadvantageous use of the premises or due to his or her inconsiderate, objectionable or otherwise crassly improper behaviour causes the other residents living there to suffer, or to make himself or herself liable to a penalty for threatening activity against the property, morality or physical safety of the accommodation provider and his or her personnel or a person residing in the accommodation;
b) acquires an infectious illness or becomes in need of care beyond the duration of the accommodation stay;
c) does not pay the invoice as presented after demand according to a reasonable set deadline.
(6) The contract is cancelled if fulfilment of the contract is made impossible by an act or acts of God.
The accommodation provider is nevertheless obligated to repay, in part, already received payment, so that no profit is made from the occurrence. (§ 1447 AHCC)

§ 15 Illness or death of the guest in the accommodation facility
(1) If a guest become ill or during his or her stay in the accommodation facility, if necessary the accommodation provider is obligated to ensure medical care, and if the guest is not able to do the same.
The accommodation provider has the following claim for payment of costs from the guest, or in the case of death, from his or her legal successor:
a) general payment of medical fees not yet paid by the guest;
b) for required room disinfection if instructed by the public health officer;
c) at most replacement of the bed linen made unusable, bedclothes and bed furnishing on surrender of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all of these items;
d) for the restoration of walls, items of furnishing, carpets, etc., insofar these were soiled or damaged during the illness or death;
e) for the loss of room costs, insofar it is related to the illness or death through non-usability of the rooms, in part (at least three, at most seven days).

§ 16 Place of fulfilment and jurisdiction
(1) The place of fulfilment is the place in which the accommodation facility is located.
(2) For all dispute related to the accommodation contract, the factual and locally responsible court is agreed, other than
a) the guest as consumer has a place of employment or residence in the country; in this case the court of jurisdiction is agreed as the place given by the guest in the application;
b) the guest as consumer has only one place of employment in Austria; in this case this will be agreed as the place of jurisdiction.

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The cancellation fees given in § 5 Numbers 1, 2 and 5 are according to § 31 in combination with § 32 of the Cartel Law entered as a non-binding association recommendation in the cartel register, Number 1 Kt 617/97-5.
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Owner, Editor and Publisher: Hotel Trade Association, Wiedner Hauptstraße 63, 1045 Vienna, Austria.