§1 Scope

These terms replace older hotel regulations from 1981.
They apply to all hotel accommodation contracts in Austria unless individual agreements specify otherwise.

§2 Key Definitions

• Hotelier (Beherberger): The person or company providing accommodation for payment.

• Guest: The person staying in the hotel (usually also the contracting party).

• Contracting Party: The person or organization (in or outside Austria) that books and signs the accommodation contract—either for themselves or for others.

• Consumer / Entrepreneur: As defined in Austrian consumer law.

• Accommodation Contract: The agreement between the hotel and the contracting party defining their rights and obligations.

§3 Contract Formation & Deposit

• A booking becomes binding once the hotel accepts it (including by email).

• The hotel can require a deposit; it must inform the guest beforehand.

• The deposit must arrive at least 7 days before arrival, and bank fees are paid by the guest.

• The deposit counts toward the total room price.

§4 Start and End of Stay

• Check-in: from 4:00 PM on the arrival day, unless otherwise agreed.

• If the room is used before 6:00 AM, the previous night counts as the first night.

• Check-out: by 12:00 PM on the day of departure; late check-out may incur an extra charge.

§5 Cancellation (Withdrawal) and Fees

Hotel’s right to cancel

• If the deposit isn’t paid on time, the hotel may cancel the booking.

• If the guest doesn’t arrive by 6:00 PM (without prior notice), the hotel can release the room.

• If a deposit was paid, the room remains reserved until 12:00 PM the next day.

• The hotel may cancel up to 3 months before arrival for valid reasons.

Guest’s right to cancel

• Up to 3 months before arrival: free cancellation.

• 3 months–1 month before: 40% of total price due.

• 1 month–1 week before: 70% of total price due.

• Last week before arrival: 90% of total price due.

Travel disruption

If the guest cannot arrive due to unforeseen events (e.g., snow, floods blocking all routes), they don’t pay for missed days.
If arrival becomes possible again within 3 days, payment obligations resume.

§6 Substitute Accommodation

The hotel may offer an equivalent alternative room or hotel if reasonable (e.g., overbooking, technical issues).
Any extra cost for the substitute accommodation is paid by the hotel.

§7 Guest’s Rights

Guests may use their booked room and hotel facilities that are normally available to guests.
They must follow hotel or house rules.

§8 Guest’s Obligations

• Guests must pay the agreed price (plus taxes and extra services) by departure.

• The hotel doesn’t have to accept foreign currency, and if it does, guests pay any exchange fees.

• Guests are responsible for any damages caused by themselves, their companions, or visitors.

§9 Hotel’s Rights

• If a guest doesn’t pay, the hotel has a legal lien and right of retention over items brought in (e.g., luggage).

• The hotel can charge extra for room service at unusual hours (after 8 PM or before 6 AM).

• The hotel may issue interim bills at any time.

§10 Hotel’s Obligations

• The hotel must provide the agreed services in the promised quality.

• Extra services (charged separately) include use of facilities like sauna, pool, garage, or extra beds.

§11 Liability for Guest Property

• The hotel is liable for items brought in, but only under Austrian Civil Code rules.

• Liability applies only if items were given to the hotel or stored in a designated place.

• Compensation is limited by law and the hotel’s insurance coverage.

• The hotel isn’t liable for minor negligence; entrepreneurs can’t claim for even gross negligence.

• For valuables and cash, liability is limited to €550, unless the hotel explicitly accepted them for safekeeping.

• Guests must report losses immediately; claims expire after 3 years.

§12 Limitation of Liability

• For consumers: the hotel is not liable for slight negligence (except personal injury).

• For business clients: no liability for slight or gross negligence; no compensation for indirect or consequential damages.

§13 Animals

• Pets only allowed with prior consent and possibly a fee.

• Owners must supervise animals and have liability insurance covering damage caused by them.

• Pets are not allowed in restaurants, lounges, or wellness areas.

• The owner is fully liable for all damage caused by the animal.

§14 Extension of Stay

• Guests have no right to extend their stay automatically.

• If travel home is impossible (e.g., extreme weather), the contract extends automatically until departure is possible.

• Prices may be reduced only if hotel services are limited due to the situation.

§15 Termination and Early Cancellation

• Fixed-term contracts end automatically at the agreed time.

• If a guest leaves early, the hotel can charge the full amount unless it re-rents the room.

• The contract ends upon the guest’s death.

• For indefinite stays, either side may terminate with 3 days’ notice.

• The hotel may cancel immediately if the guest:

  • Behaves offensively or dangerously,

  • Has a contagious illness,

  • Doesn’t pay bills within 3 days.

• In case of force majeure (e.g., natural disaster, strike), the hotel can terminate without notice, and no damage claims apply.

§16 Illness or Death of a Guest

• If a guest becomes ill, the hotel will call a doctor; if it’s an emergency, even without the guest’s request.

• The hotel may claim reimbursement for related costs (doctor, transport, disinfection, damaged bedding, lost income for room downtime, etc.).

§17 Place of Performance, Jurisdiction, and Law

• The contract is governed by Austrian law.

• Place of performance: the location of the hotel.

• For business contracts, jurisdiction is at the hotel’s registered office.

• For consumer contracts:

  • If the guest lives in Austria → cases must be filed where the guest lives or works.

  • If the guest lives in the EU, Iceland, Norway, or Switzerland → jurisdiction lies at their home court.

§18 Miscellaneous

• Deadlines start when documents are received.

• Notices must reach the other party by 24:00 on the final day.

• The hotel may offset claims against the guest’s debts, but not vice versa (unless the hotel is insolvent or the guest’s claim is confirmed by a court).

• If any issue isn’t covered here, Austrian law applies.