Terms & Conditions

• § 1 Scope
• § 2 Definitions
• § 3 Conclusion of contract – deposit
• § 4 Start and end of accommodation
• § 5 Cancellation – cancellation fees
• § 6 Alternative accommodation
• § 7 Rights of the contracting party
• § 8 Obligations of the contracting party
• § 9 Rights of the accommodation provider
• § 10 Obligations of the accommodation provider
• § 11 Liability for brought-in items
• § 12 Limitation of liability
• § 13 Pets
• § 14 Extension of stay
• § 15 Termination – early dissolution
• § 16 Illness or death of a guest
• § 17 Place of performance, jurisdiction and applicable law
• § 18 Miscellaneous

1.1 These General Terms and Conditions for the Hotel Industry (“AGBH 2006”) replace the previous ÖHVB of 23 September 1981.

1.2 The AGBH 2006 do not exclude special agreements. They apply subsidiarily to individually agreed terms.

“Accommodation Provider”: A natural or legal person who accommodates guests for remuneration.

“Guest”: A natural person who uses accommodation services. The guest is usually also the contracting party. Persons travelling with the contracting party (e.g. family members, friends) are also considered guests.

“Contracting party”: A natural or legal person domiciled in Austria or abroad who concludes an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: These terms are understood within the meaning of the Austrian Consumer Protection Act 1979 as amended.

“Accommodation contract”: The contract concluded between the accommodation provider and the contracting party, as further defined below.

3.1 The accommodation contract is concluded when the accommodation provider accepts the contracting party’s order. Electronic declarations are deemed received when the intended party can access them under normal circumstances during the accommodation provider’s stated business hours.

3.2 The accommodation provider may conclude the contract on condition that the contracting party pays a deposit. In this case, the provider must inform the contracting party of the required deposit before accepting the order. If the contracting party agrees to the deposit (in writing or orally), the contract is concluded when the provider receives confirmation of payment.

3.3 The contracting party must pay the deposit by the deadline stated in the offer (funds received). Transaction costs (e.g. transfer fees) are borne by the contracting party. Credit and debit card terms of the card issuers apply.

3.4 The deposit is a partial payment of the agreed remuneration.

4.1 Unless the accommodation provider offers a different check-in time, the contracting party may occupy the rented rooms from 4:00 p.m. on the agreed arrival day.

4.2 If a room is first used before 6:00 a.m., the preceding night counts as the first overnight stay.

4.3 Rented rooms must be vacated by 12:00 noon on the departure day. If rooms are not vacated on time, the provider may charge for an additional day.

Cancellation by the accommodation provider

5.1 If the contract provides for a deposit and the contracting party fails to pay it on time, the provider may withdraw from the contract without notice.

5.2 If the guest does not arrive by 6:00 p.m. on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival was agreed.

5.3 If a deposit was paid (see 3.3), rooms remain reserved until 12:00 noon on the day after the agreed arrival. With prepayment for more than four days, the obligation ends at 6:00 p.m. on the fourth day (arrival day counts as day one), unless the guest announces a later arrival.

5.4 Up to three months before the agreed arrival, the provider may terminate the contract for objectively justified reasons by unilateral declaration, unless otherwise agreed.

Cancellation by the contracting party – cancellation fees

5.5 Up to three months before the agreed arrival, the contracting party may cancel without a cancellation fee by unilateral declaration.

5.6 Outside the period in § 5.5, cancellation is only possible against the following fees:

• up to one month before arrival: 40% of the total package price;
• up to one week before arrival: 70% of the total package price;
• within the last week before arrival: 90% of the total package price.

Travel impediments

5.7 If the contracting party cannot arrive due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding) making all travel impossible, no payment is due for arrival days.

5.8 Payment obligation revives when travel becomes possible again within three days.

6.1 The provider may offer adequate alternative accommodation (same quality) if reasonable for the contracting party, especially if the deviation is minor and objectively justified.

6.2 Objective justification exists, for example, if rooms become unusable, guests extend their stay, overbooking occurs, or other important operational reasons require this step.

6.3 Any additional costs for alternative accommodation are borne by the provider.

7.1 By concluding an accommodation contract, the contracting party acquires the right to customary use of the rented rooms and facilities normally available to guests without special conditions, and to customary service. Rights must be exercised in accordance with any hotel and guest regulations (house rules).

8.1 The contracting party must pay the agreed remuneration plus any additional charges for special services used by them or accompanying guests, plus statutory VAT, at the latest upon departure.

8.2 The provider is not obliged to accept foreign currency. If accepted, payment is at the daily exchange rate where possible. The contracting party bears all related costs for foreign currency or cashless payment.

8.3 The contracting party is liable to the provider for any damage caused by them, the guest, or other persons who receive services with the contracting party’s knowledge or consent.

9.1 If the contracting party refuses or is in arrears with payment, the provider has statutory lien rights under § 970c ABGB and pledge rights under § 1101 ABGB on items brought by the contracting party or guest.

9.2 Room service or service at unusual times (after 8:00 p.m. and before 6:00 a.m.) may be charged separately if listed on the room rate sheet. The provider may refuse such services for operational reasons.

9.3 The provider may issue invoices or interim invoices at any time.

10.1 The provider must render agreed services to the standard of the establishment.

10.2 Special services not included in the accommodation fee and subject to price display include, for example: a) separately chargeable accommodation services; b) reduced prices for extra or children’s beds.

11.1 The provider is liable under §§ 970 ff ABGB for items brought in by the contracting party if handed over to the provider or authorised persons or placed at a designated location. Liability is limited under the Austrian Innkeepers’ Liability Act of 16 November 1921. Failure to deposit items in a safe without delay releases the provider from liability.

11.2 Liability for slight negligence is excluded. For entrepreneurs, liability for gross negligence is also excluded. Consequential, indirect damages and lost profits are never compensated.

11.3 For valuables, cash and securities, liability is limited to € 550 unless the provider accepted custody knowing their nature or caused damage through fault.

11.4 Custody of items substantially more valuable than usual may be refused.

11.5 If custody was accepted, liability is excluded unless damage is reported without delay after becoming aware. Claims must be asserted within three years of knowledge.

12.1 If the contracting party is a consumer, liability for slight negligence is excluded except for personal injury.

12.2 If the contracting party is an entrepreneur, liability for slight and gross negligence is excluded. Consequential, immaterial or indirect damages and lost profits are not compensated. Compensation is in any case limited to the extent of reliance interest.

13.1 Pets may only be brought into the establishment with prior consent and possibly for an additional fee.

13.2 The contracting party must keep pets under proper supervision or arrange supervision at their own expense.

13.3 Proof of adequate pet or private liability insurance covering pet damage must be provided upon request.

13.4 The contracting party and their insurer are jointly and severally liable for damage caused by pets.

13.5 Pets are not permitted in lounges, function rooms, restaurants and wellness areas.

14.1 There is no right to extend the stay. The provider may agree to an extension if requested in good time but is not obliged to do so.

14.2 If departure is impossible due to unforeseeable extraordinary circumstances, the contract is automatically extended for the duration of the impediment. Reduction is only possible if services cannot be fully used. The provider may charge at least the usual off-season rate.

15.1 Fixed-term contracts end upon expiry of the term.

15.2 Early departure entitles the provider to the full agreed remuneration minus savings from re-letting. Savings exist only if fully booked and rooms can be re-let. The contracting party bears the burden of proof.

15.3 The contract ends upon the death of a guest.

15.4 Indefinite contracts may be terminated by either party until 10:00 a.m. on the third day before the intended end.

15.5 The provider may terminate for important cause, especially misuse, grossly improper conduct, contagious illness, or non-payment within a reasonable period (3 days).

15.6 In case of force majeure, the provider may terminate without notice. Damage claims by the contracting party are excluded.

16.1 If a guest falls ill during the stay, the provider arranges medical care upon request or without request in case of imminent danger.

16.2 While the guest cannot make decisions or relatives cannot be contacted, treatment is arranged at the guest’s expense until the guest can decide or relatives have been notified.

16.3 The provider may claim reimbursement for medical costs, transport, medication, room disinfection, laundry/bedding, cleaning of furnishings, room rent including unavailability due to disinfection, and other damage.

17.1 Place of performance is the location of the accommodation establishment (St. Antoniusweg 10, 6561 Ischgl, Austria).

17.2 This contract is governed by Austrian substantive and procedural law, excluding conflict-of-law rules (in particular IPRG and Brussels I) and the UN Convention on Contracts for the International Sale of Goods.

17.3 For B2B contracts, exclusive jurisdiction is the registered office of the provider; the provider may also assert rights at any other competent court.

17.4 For consumers domiciled in Austria, actions against the consumer may only be brought at their domicile, habitual residence or place of employment.

17.5 For consumers domiciled in another EU member state (except Austria), Iceland, Norway or Switzerland, the court at the consumer’s domicile has exclusive jurisdiction.

18.1 Deadlines begin upon delivery of the document setting the deadline. The starting day is not counted for day-based deadlines. Week- or month-based deadlines refer to the corresponding weekday or calendar day.

18.2 Declarations must reach the other party by midnight on the last day of the deadline.

18.3 The provider may set off its claims against those of the contracting party. The contracting party may only set off if the provider is insolvent or the claim is legally established or acknowledged.

18.4 In case of gaps, the applicable statutory provisions apply.