Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006

(GTC 2006)
Version of 2006-11-15
Table of Contents
§ 1 Scope of Application………………………………………………………………………………………………………….. 2
§ 2 Definitions ……………………………………………………………………………………………………. 2
§ 3 Conclusion of Contract – Down Payment ……………………………………………………………………………………. 3
§ 4 Commencement and End of Accommodation ……………………………………………………………………………… 3
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee ……………………………………………………… 4
§ 6 Provision of Substitute Accommodation ………………………………………………………………………………… 5
§ 7 Rights of the Contracting Party…………………………………………………………………………………………. 5
§ 8 Obligations of the Contracting Party ……………………………………………………………………………………… 6
§ 9 Rights of the Accommodator ……………………………………………………………………………………………… 6
§ 10 Obligations of the Accommodator…………………………………………………………………………………………… 7
§ 11 Liability of the Accommodator for Damages to Items Brought In ……………………………………… 7
§ 12 Limitations of Liability …………………………………………………………………………………………….. 8
§ 13 Keeping of Animals ………………………………………………………………………………………………………………… 8
§ 14 Extension of Accommodation …………………………………………………………………………………… 9
§ 15 Termination of the Accommodation Contract – Early Termination…………………………………….. 9
§ 16 Illness or Death of the Guest in the Accommodation Contract……………………………………………. 10
§ 17 Place of Performance, Jurisdiction and Choice of Law……………………………………………………………….. 11
§ 18 Miscellaneous………………………………………………………………………………………………………………….. 12

Page 2
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry (hereinafter
“GTC 2006”) replace the previous ÖHVB in the version of September 23, 1981.
1.2 The GTC 2006 do not exclude special agreements. The GTC 2006
are subsidiary to individually agreed terms.
§ 2 Definitions
2.1 Definitions:
“Accommodator”: Is a natural or legal
person who accommodates guests for a fee.
“Guest”: Is a natural person who uses accommodation services. The guest
is usually also the contracting party. Persons traveling with the contracting party (e.g., family members, friends, etc.) are also considered guests.
“Contracting Party”: Is a natural or legal person from domestic or foreign origin who, as a
guest or for a guest, concludes an accommodation contract.
“Consumer” and
“Entrepreneur”: These terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Contract”: Is the contract concluded between the accommodator and
the contracting party, the content of which is further regulated below.

Page 3
§ 3 Conclusion of Contract – Down Payment
3.1 The accommodation contract is concluded upon acceptance of the contracting party’s order by the accommodator. Electronic declarations are deemed
received if the party for whom they are intended can retrieve them under ordinary circumstances, and access occurs during the accommodator’s stated business hours.
3.2 The accommodator is entitled to conclude the accommodation contract on the condition
that the contracting party makes a down payment. In this case, the accommodator is
obligated, before accepting the contracting party’s written or verbal
order, to inform the contracting party of the required down payment. If the contracting party agrees to the down payment (in writing
or verbally), the accommodation contract is concluded upon receipt of the contracting party’s
declaration of consent regarding the payment of the down payment by the accommodator.
3.3 The contracting party is obligated to pay the down payment at least 7 days (received) before accommodation. The costs for the money transaction (e.g.,
transfer fees) shall be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment of the agreed fee.
§ 4 Commencement and End of Accommodation
4.1 The contracting party has the right, unless the accommodator offers a different check-in time,
to occupy the rented rooms from 4:00 PM on the agreed day (“Arrival Day”).
4.2 If a room is occupied for the first time before 6:00 AM, the preceding night counts
as the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 12:00 PM on the day of departure.
The accommodator is entitled to charge for an additional day
if the rented rooms are not vacated on time.

Page 4
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Accommodator
5.1 If the accommodation contract provides for a down payment and the down payment
has not been made by the contracting party on time, the accommodator may withdraw from the accommodation contract without
a grace period.
5.2 If the guest does not arrive by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed upon.
5.3 If the contracting party has made a down payment (see 3.3), the premises will remain
reserved until 12:00 PM at the latest on the day following the agreed arrival day.
In case of prepayment for more than four days, the obligation to provide accommodation ends from 6:00 PM on the fourth day, with the arrival day being counted as
the first day, unless the guest announces a later arrival day.
5.4 The accommodation contract may be terminated by the accommodator, for objectively justified reasons, by unilateral
declaration, unless otherwise agreed, no later than 3 months before the contracting party’s agreed arrival day.
Withdrawal by the Contracting Party – Cancellation Fee
5.5 The accommodation contract may be terminated by unilateral declaration by the contracting party without payment of a cancellation fee no later than 3 months before the guest’s agreed arrival day.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral
declaration of the contracting party is only possible upon payment of the following cancellation fees:
– up to 1 month before the arrival day 40% of the total package price;
– up to 1 week before the arrival day 70% of the total package price;
– in the last week before the arrival day 90% of the total package price.

Page 5
up to 3 months 3 months to 1
Month
1 Month to 1
Week
In the last
Week
no cancellation fees
40% 70% 90%
Impediments to Arrival
5.7 If the contracting party cannot arrive at the accommodation establishment on the day of arrival
due to unforeseeable extraordinary circumstances (e.g., extreme snowfall, floods, etc.) making all travel options impossible,
the contracting party is not obliged to pay the agreed fee for the days of arrival.
5.8 The obligation to pay the fee for the booked stay resumes from the moment arrival becomes possible again, if arrival becomes possible again within three days.
§ 6 Provision of Substitute Accommodation
6.1 The accommodator may provide the contracting party or guests with adequate substitute accommodation (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
6.2 Objective justification exists, for example, if the room
(rooms) has (have) become unusable, already accommodated guests extend their
stay, an overbooking occurs, or other important operational measures necessitate this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the accommodator.
§ 7 Rights of the Contracting Party
7.1 By concluding an accommodation contract, the contracting party acquires
the right to the customary use of the rented rooms, the facilities
of the accommodation establishment that are usually accessible to guests for use without special conditions, and to customary service.
The contracting party must exercise their rights in accordance with any applicable hotel and/or guest policies (house rules).

Page 6
§ 8 Obligations of the Contracting Party
8.1 The contracting party is obliged to pay the agreed fee, plus any additional amounts incurred due to separate services used by them and/or their accompanying guests, plus statutory value-added tax, no later than at the time of departure.
8.2 The accommodator is not obliged to accept foreign currencies. If the accommodator accepts foreign currencies, they will be accepted for payment at the daily exchange rate as far as practicable. Should the accommodator accept foreign currencies or
cashless payment methods, the contracting party shall bear all associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The contracting party is liable to the accommodator for any damage caused by them
or the guest or other persons who receive services from the accommodator with the knowledge or consent of the contracting party.
§ 9 Rights of the Accommodator
9.1 If the contracting party refuses to pay the agreed fee or is in arrears with it, the accommodator is entitled to the statutory right of retention according to § 970c ABGB as well as the statutory lien according to § 1101
ABGB on the items brought in by the contracting party or the guest.
This right of retention or lien further serves the accommodator to secure their claim arising from the accommodation contract, in particular for catering, other expenses incurred for the contracting party, and
for any claims for compensation of any kind.
9.2 If service is requested in the contracting party’s room or at unusual
times of the day (after 8:00 PM and before 6:00 AM), the accommodator is
entitled to demand a special fee for it. However, this special fee must
be displayed on the room price list. The accommodator may also refuse these services
for operational reasons.
9.3 The accommodator has the right to issue an invoice or interim invoice for their services at any time.

Page 7
§ 10 Obligations of the Accommodator
10.1 The accommodator is obliged to provide the agreed services to an extent corresponding to their standard.
10.2 Special services of the accommodator subject to separate charges, which are not included in the accommodation fee, include, for example:
a) Special accommodation services that can be charged separately,
such as the provision of lounges, sauna, indoor pool,
swimming pool, solarium, garage, etc.;
b) a reduced price is charged for the provision of extra beds or children’s beds.
§ 11 Liability of the Accommodator for Damages to Items Brought In
11.1 The accommodator is liable according to §§ 970 et seq. ABGB for items brought in by the contracting party. The accommodator’s liability only exists if
the items have been handed over to the accommodator or persons authorized by the accommodator, or brought to a place designated or instructed by them.
If the accommodator fails to prove otherwise, the accommodator is liable for their own fault or the fault of their staff, as well as persons entering and leaving. The accommodator is liable according to § 970 para 1
ABGB at most up to the amount stipulated in the Federal Act of November 16, 1921, on the
Liability of Innkeepers and Other Entrepreneurs, in its currently valid version.
If the contracting party or the guest does not immediately comply with the accommodator’s request
to deposit their items in a special storage place, the accommodator is released from all liability. The amount of any liability of the accommodator is limited to a maximum of the
liability insurance sum of the respective accommodator. Any fault on the part of the contracting party or guest must be taken into account.
11.2 The accommodator’s liability for slight negligence is excluded. If
the contracting party is an entrepreneur, liability for gross negligence is also excluded. In this case, the contracting party bears the burden of proof
for the existence of fault. Consequential damages or indirect damages as well as
lost profits will under no circumstances be compensated.
11.3 For valuables, money, and securities, the accommodator is liable only up to the amount of currently € 550.00. The accommodator is liable for damages exceeding this amount only if they have accepted these items for safekeeping with knowledge of their nature, or if the damage was caused by
themselves or one of their staff. The limitation of liability
according to 12.1 and 12.2 applies mutatis mutandis.

Page 8
11.4 The accommodator may refuse to keep valuables, money, and securities if they are significantly more valuable than items guests of the respective accommodation establishment usually deposit.
11.5 In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately report the damage incurred to the accommodator upon becoming aware of it. Furthermore, these claims must be asserted in court by the contracting party or guest within three years of knowledge or possible knowledge; otherwise, the right is extinguished.
§ 12 Limitations of Liability
12.1 If the contracting party is a consumer, the accommodator’s liability for
slight negligence, with the exception of personal injury, is excluded.
12.2 If the contracting party is an entrepreneur, the accommodator’s liability for
slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof
for the existence of fault. Consequential damages,
immaterial damages or indirect damages, as well as lost profits, will
not be compensated. The damage to be compensated is in any case limited to the
amount of the reliance interest.
§ 13 Keeping of Animals
13.1 Animals may only be brought into the accommodation establishment with the prior consent of the accommodator and, if applicable,
against a special remuneration.
13.2 The contracting party who brings an animal is obliged to properly keep or supervise this animal during
their stay, or to have it kept or supervised by suitable third parties at their own expense.
13.3 The contracting party or guest who brings an animal must have appropriate animal liability insurance or private liability insurance that
also covers possible damages caused by animals. Proof of the corresponding insurance must be provided upon request by the accommodator.

Page 9
13.4 The contracting party or their insurer is jointly and severally liable to the accommodator for the damage caused by animals brought along. The damage includes, in particular, those compensation payments of the accommodator that the
accommodator has to provide to third parties.
13.5 Animals are not permitted in the lounges, common rooms, restaurant areas, and wellness areas.
§ 14 Extension of Accommodation
14.1 The contracting party has no right to have their stay extended.
If the contracting party announces their wish to extend the stay in good time, the accommodator may agree to the extension of the accommodation contract. The accommodator is not obliged to do so.
14.2 If the contracting party cannot leave the accommodation establishment on the day of departure
due to unforeseeable extraordinary circumstances (e.g., extreme
snowfall, floods, etc.) making all departure options blocked or unusable, the accommodation contract is automatically extended for the duration of the impossibility of departure. A reduction of the fee for this
period is only possible if the contracting party cannot fully utilize the offered services of the accommodation establishment due to the extraordinary weather conditions. The accommodator is entitled
to demand at least the fee corresponding to the price usually charged in the low season.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 If the accommodation contract was concluded for a definite period, it ends
upon expiry of that period.
15.2 If the contracting party departs early, the accommodator is entitled to demand the full
agreed fee. The accommodator will deduct what they save as a result of the non-utilization of their services or
what they have received through other rental of the ordered rooms. A
saving only exists if the accommodation establishment is fully occupied at the time of
non-utilization of the rooms ordered by the guest and the room can be rented to other guests due to the cancellation by the contracting party. The burden of proof of the saving is borne by the
contracting party.
15.3 The death of a guest terminates the contract with the accommodator.

Page 10
15.4 If the accommodation contract was concluded for an indefinite period, the contracting parties may terminate the contract by 10:00 AM on the third day before the intended end of the contract.
15.5 The accommodator is entitled to terminate the accommodation contract with immediate effect
for good cause, especially if the contracting party or
the guest
a) makes significantly detrimental use of the premises or
through reckless, offensive, or otherwise grossly improper conduct, makes cohabitation unbearable for other guests, the owner, their staff, or third parties residing in the accommodation establishment, or commits an act punishable by law against property, morality, or physical safety towards these persons;
b) contracts an infectious disease or a disease that extends beyond the duration of the stay, or otherwise becomes in need of care;
c) fails to pay the presented invoices by the due date within a reasonably set period (3 days).
15.6 If the performance of the contract becomes impossible due to an event considered force majeure
(e.g., natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law, or the accommodation provider is released from their obligation to provide accommodation. Any claims for damages etc. by the contracting party
are excluded.
§ 16 Illness or Death of the Guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider will arrange for medical care at the guest’s request. If there is imminent danger, the accommodation provider will arrange for medical care even without a special request from the guest, especially if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will arrange for medical treatment at the guest’s expense. However, the scope of these care measures ends at the point when the guest can make decisions
or the relatives have been notified of the illness.

Page 11
16.3 The accommodation provider has claims for reimbursement against the contracting party and the guest, or in the event of death, against their legal successors, particularly for the following costs:
a) outstanding medical costs, costs for patient transport, medications, and medical aids
b) necessary room disinfection,
c) laundry, bed linen, and bedding that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc.,
insofar as these were contaminated or damaged in connection with the illness or death,
e) room rent, insofar as the premises were occupied by the guest,
plus any days of unavailability of the rooms due to disinfection, clearing, or similar,
f) any other damages incurred by the accommodation provider.
§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location where the accommodation establishment is situated.
17.2 This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ)
as well as UN sales law.
17.3 In bilateral business transactions, the exclusive place of jurisdiction is the seat
of the accommodation provider, whereby the accommodation provider is also entitled to assert their rights
before any other locally and factually competent court.
17.4 If the accommodation contract was concluded with a contracting party who is a consumer
and has their domicile or habitual residence in Austria, legal actions against the consumer can only be brought at the consumer’s domicile, habitual residence, or place of employment.
17.5 If the accommodation contract was concluded with a contracting party who is a consumer
and has their domicile in a member state of the European Union (with the exception of Austria), Iceland, Norway, or Switzerland, the court locally and factually competent for the
consumer’s domicile for legal actions against the consumer shall have exclusive jurisdiction.

Page 12
§ 18 Miscellaneous
18.1 Unless otherwise specifically provided by the above provisions, a period begins to run
upon delivery of the document ordering the period to the contracting party who must observe the period. When calculating a period determined by days, the day on which the time or event falls, from which the beginning of the period is to be determined, is not included.
Periods determined by weeks or months refer to the day of the week or month which, by its name or number, corresponds to the
day from which the period is to be counted. If this day is missing in the
month, the last day of that month is decisive.
18.2 Declarations must have reached the respective other contracting party by the last day of the
period (24:00).
18.3 The accommodation provider is entitled to offset their own claims against claims of the contracting party. The contracting party is not entitled to offset their own claims against claims of the accommodation provider, unless
the accommodation provider is insolvent or the contracting party’s claim has been
legally established or acknowledged by the accommodation provider.
18.4 In the event of regulatory gaps, the corresponding legal provisions shall apply.