GENERAL TERMS AND CONDITIONS FOR THE
AKTIVHOTEL VERONIKA Travel GmbH
(AGBH 2006)
as of 15 November 2006
§ 1 Scope of application
1.1 The AGBH 2006 shall not exclude special agreements. The AGBH 2006 shall be
subsidiary to agreements made on an individual basis.
§ 2 Definitions
2.1 Definitions:
“Proprietor”: means an individual or entity that accommodates guests against remuneration.
“Guest”: means an individual that uses accommodation. Usually the guest is also the
Party. Guests also include those persons that are accommodated together with such Party (e.g. family members,friends etc.).
“Party”: means a domestic or foreign individual or entity that enters into an Accommodation
Agreement as a Guest or for a Guest.
“Consumer” and “Entrepreneur”: these terms shall be construed as defined by the 1979
Consumer Protection Act (Konsumentenschutzgesetz) as amended.
“Accommodation Agreement”: means the agreement made between the Proprietor and the Party, the
contents of which are specified below.
§ 3 Execution of the agreement – Down payment
3.1 The Accommodation Agreement shall be deemed entered into upon the acceptance
of the Party’s order by the Proprietor. Electronic declarations shall be
deemed received when they can be collected by the party to which they are addressed
under normal circumstances provided that they are received during the
published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to enter into the Accommodation Agreement under
the condition that the Party makes a down payment. In such event, the Proprietor
shall be obliged to inform the Party of the required down payment before
accepting the written or oral order of the Party. If the Party agrees to the down
payment (in writing or orally), the Accommodation Agreement shall be deemed
entered into upon the receipt of the Party’s declaration of consent on the down
payment by the Proprietor.
3.3 The Party shall be obliged to make the down payment no later than 30 days (receipt)
before the accommodation. The costs for the financial transaction (e.g. remittance
fee) shall be paid by the Party. Credit and debit cards shall be subject to
the terms and conditions of the issuing company.
3.4 The down payment shall be deemed an instalment of the agreed remuneration.
§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers any other time of occupancy, the Party shall be entitled
to move into the rented rooms from 4.00 p.m. on the agreed date (“date of arrival”).
4.2 The rented rooms shall be vacated by the Party by 12.00 noon on the date of departure.
The Proprietor shall be entitled to charge another day if the rented rooms
are not vacated in time.
§ 5 Rescission of the Accommodation Agreement – Cancellation fee
Rescission by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and such down
payment has not been made by the Party in time, the Proprietor may rescind the
Accommodation Agreement without granting any grace period.
5.2 If the Guest fails to arrive by 6.00 p.m. on the agreed date of arrival, the Proprietor
shall not be obliged to accommodate them unless a later time of arrival has
been agreed upon.
5.3 If the Party has made a down payment (see 3.3), the rooms shall be deemed reserved
until 12.00 noon on the day following the date of arrival at the latest. If a
down payment to the amount of more than four days has been made, the obligation
to accommodate the Guest shall end on 6.00 p.m. on the fourth day, the date
of arrival being deemed the first day.
5.4 Unless otherwise agreed upon, the Proprietor may rescind the Accommodation
Agreement for objectively justified reasons by means of a unilateral declaration
by 3 months before the agreed date of arrival of the Party.
Rescission by the Party – Cancellation fee
5.5 The Party may rescind the Accommodation Agreement by means of a unilateral
declaration by 3 months before the agreed date of arrival of the Guest without being
liable to pay a cancellation fee.
5.6 Outside the period specified in § 5.5., the Party may only rescind the Accommodation
Agreement by means of a unilateral declaration subject to the following
cancellation fees:
– 30% of the total agreed price by 1 month before the date of arrival;
– 50% of the total agreed price by 14 days before the date of arrival;
– 70% of the total agreed price by 07 days before the date of arrival;
– 90% of the total agreed price by 00 -06 days before the date of arrival;
If no other agreement in the confirmation form.
Prevention from arrival
5.7 If the Party is prevented from arriving at the accommodating establishment on the
date of arrival since this is impossible due to unforeseeable extraordinary events
(e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the
agreed remuneration for the date of 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 Proprietor may provide the Party or the guests with adequate substitute accommodation
(of the same quality) provided that this is reasonable for the Party,
particularly if the difference is insignificant and objectively justified.
6.2 An objective justification shall, for example, be deemed given if the room(s) has
(have) become unusable, guests that have already been accommodated prolong
their stay, the establishment is overbooked or this becomes necessary due to other
important operational activities.
6.3 Any extra expenses arising from such substitute accommodation shall be paid by
the Proprietor.
§ 7 Rights of the Party
7.1 By entering into an Accommodation Agreement, the Party shall acquire the right
to make normal use of the rented rooms and the facilities of the accommodating
establishment that are usually accessible to the guests for use without any special
conditions and of the usual service. The Party shall exercise their rights in accordance
with any applicable hotel and/or guest regulations (rules of the house).
§ 8 Obligations of the Party
8.1 The Party shall be obliged to pay the agreed remuneration plus any extra amounts
that have arisen from the use of special services by the Party and/or the accompanying
guests plus any applicable VAT by the date of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor
accepts foreign currencies, such shall be accepted at the current price if possible.
If the Proprietor accepts foreign currencies or cashless means of payment, the
Party shall pay any associated costs, e.g. for inquiries with credit card companies,
telegrams etc.
8.3 The Party shall be liable towards the Proprietor for any damage caused by themselves
or the Guest or any other persons that receive services of the Proprietor
with the knowledge or in accordance with the intention of the Party.
§ 9 Rights of the Proprietor
9.1 If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor
shall be entitled to make use of the legal right of retention in accordance
with § 970c of ABGB [Austrian Civil Code] and the legal right of lien in accordance
with § 1101 of ABGB with respect to the items brought along by the Party or the
Guest. Furthermore, the Proprietor shall be entitled to make use of this right of
retention or lien in order to secure its claims under the Accommodation Agreement,
particularly for catering, other expenses made for the Party and for any
kind of damage claims.
9.2 If services are requested in the room of the Party or during unusual times of the
day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to
charge an extra remuneration. However, such extra remuneration shall be indicated
on the price board for the room. The Proprietor may also refuse such services
for operational reasons.
9.3 The Proprietor shall be entitled to issue invoices or interim invoices for its services
at any time.
§ 10 Obligations of the Proprietor
10.1 The Proprietor shall be obliged to provide the agreed services to an extent that
complies with its standards.
10.2 Extra services of the Proprietor that must be indicated accordingly since they are
not included in the accommodation remuneration shall, by way of example, include:
b) Extra accommodation services 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 shall be charged for the provision of additional beds or
cribs.
§ 11 Liability of the Proprietor for damage to items of guests
11.1 The Proprietor shall be liable for the items brought along by the Party in accordance
with §§ 970 ss of ABGB. The Proprietor shall only be liable if the items
have been handed over to the Proprietor or the persons
