Golden Lodges Alpendorf
GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2025 (AGBH 2025)
Version of 01.12.2024
Table of Contents
§ 1 Scope of Application
§ 2 Definitions
§ 3 Conclusion of Contract – Deposit
§ 4 Start and End of Accommodation
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
§ 6 Provision of Substitute Accommodation
§ 7 Rights of the Contracting Party
§ 8 Obligations of the Contracting Party
§ 9 Rights of the Provider
§ 10 Obligations of the Provider
§ 11 Provider’s Liability for Damages to Property Brought by the Guest
§ 12 Liability Limitations
§ 13 Pet Policy
§ 14 Extension of Accommodation
§ 15 Termination of the Accommodation Contract – Early Termination
§ 16 Illness or Death of the Guest
§ 17 Place of Performance, Jurisdiction, and Choice of Law
§ 18 Miscellaneous
§ 1 Scope of Application
1.1 These General Terms and Conditions for the Hotel Industry / Aparthotel Golden Lodges (hereinafter “AGBH 2025”) replace the previous ÖHVB version of 23 September 1981 and serve as a model for the AGBH of 2006.
1.2 The AGBH Golden Lodges Alpendorf 2025 do not exclude special agreements. They are subsidiary to individually agreed arrangements.
§ 2 Definitions
2.1 Provider: A natural or legal person who accommodates guests for a fee. In this case, Golden Lodges Marketing and Sales GmbH, which has taken on the rental on behalf of the owners of the apartments.
2.2 Guest: A natural person who uses the accommodation and is typically the contracting party. The term “guest” also includes those who travel with the contracting party (e.g., family members, friends).
2.3 Contracting Party: A natural or legal person who enters into an accommodation contract, either as the guest or on behalf of the guest.
2.4 Consumer and Entrepreneur: These terms are defined in the Consumer Protection Act of 1979 in its current version.
2.5 Accommodation Contract: The contract concluded between the provider and the contracting party, the content of which is further regulated in the following paragraphs.
§ 3 Conclusion of Contract – Deposit
3.1 The accommodation contract is concluded when the provider accepts the booking of the contracting party. Electronic declarations are deemed received when they can be retrieved by the designated party under normal circumstances and during the provider’s usual business hours.
3.2 The provider is entitled to conclude the accommodation contract subject to the condition that the contracting party makes a deposit. In this case, the provider must inform the contracting party of the required deposit before accepting the booking.
3.3 The contracting party is required to pay the deposit no later than 14 days before the accommodation date.
3.4 The deposit is a partial payment of the agreed fee.
§ 4 Start and End of Accommodation
4.1 The contracting party has the right to use the rented rooms starting from 4:00 PM on the agreed day (“arrival day”), unless the provider specifies a different check-in time.
4.2 If the room is occupied before 6:00 AM, the preceding night is considered the first overnight stay.
4.3 The rented rooms must be vacated by the contracting party by 10:00 AM on the day of departure. The provider is entitled to charge for an additional day if the rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Provider:
5.1 If the deposit is not paid on time, the provider may withdraw from the accommodation contract without further notice.
5.2 If the guest does not show up by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation, unless a later arrival time has been agreed.
5.3 If the contracting party has made a deposit, the accommodation will be reserved until 6:00 PM on the following day.
5.4 The provider may terminate the contract unilaterally for objectively justified reasons up to 3 months before the agreed arrival date, unless otherwise agreed.
Withdrawal by the Contracting Party – Cancellation Fee:
5.5 – Up to 1 month before arrival: 50% of the total accommodation cost.
Up to 2 weeks before arrival: 70% of the total accommodation cost.
Within 1 week before arrival: 90% of the total accommodation cost.
5.6 No-Show: If the guest does not show up, 100% of the accommodation costs will be charged.
§ 6 Provision of Substitute Accommodation
6.1 The provider may offer the contracting party a suitable substitute accommodation of equal quality if this is reasonable.
6.2 A reasonable justification exists if the room(s) become unusable, when guests extend their stay, or in the event of overbooking.
6.3 Any additional costs for the substitute accommodation will be borne by the provider.
§ 7 Rights of the Contracting Party
7.1 By concluding the accommodation contract, the contracting party acquires the right to use the rented rooms and the usual facilities of the accommodation business, which are accessible to guests without special conditions.
§ 8 Obligations of the Contracting Party
8.1 The contracting party must pay the agreed amount plus any additional charges for services they or their accompanying guests have used, including tax, no later than upon departure.
8.2 The provider is not obligated to accept foreign currency. If the provider accepts foreign currency, it will be received at the daily exchange rate.
8.3 The contracting party is liable for any damage caused by themselves or their guests.
§ 9 Rights of the Provider
9.1 The provider has a statutory right of retention under § 970c ABGB, as well as a statutory lien under § 1101 ABGB on property brought by the contracting party or guest, in the event of non-payment.
9.2 The provider may charge a special fee for services rendered in the guest’s room or outside of regular hours.
9.3 The provider has the right to settle or bill for services at any time.
§ 10 Obligations of the Provider
10.1 The provider is obligated to provide the agreed services to the appropriate standard.
10.2 Additional services such as sauna, garage, etc., will be charged separately.
§ 11 Provider’s Liability for Damages to Property Brought by the Guest
11.1 The provider is liable for damage to property brought by the contracting party if the property has been handed over to the provider or their authorized agents.
11.2 The provider’s liability is excluded for slight negligence. If the contracting party is a business, liability for gross negligence is also excluded.
§ 12 Liability Limitations
12.1 The provider’s liability for slight negligence is excluded, except for personal injury.
12.2 If the contracting party is an entrepreneur, the provider’s liability for both slight and gross negligence is excluded.
§ 13 Pet Policy
13.1 Pets are allowed only with the prior consent of the provider and possibly for an additional fee.
13.2 The contracting party is responsible for ensuring that the pet is properly kept and supervised during the stay.
13.3 The contracting party must provide proof of a valid pet liability insurance policy covering any potential damage caused by the pet.
§ 14 Extension of Accommodation
14.1 The contracting party has no right to extend their stay. The provider may agree to an extension but is not obligated to do so.
14.2 If the contracting party cannot depart due to unforeseen circumstances (e.g., extreme snowfall, flooding), the accommodation contract will be automatically extended for the duration of the impossibility of departure.
§ 15 Termination of the Accommodation Contract – Early Termination
15.1 The contract terminates when the agreed time expires.
15.2 If the contracting party departs early, the provider is entitled to charge the full agreed amount.
§ 16 Illness or Death of the Guest
16.1 If the guest falls ill during their stay, the provider will arrange for medical care at the guest’s request.
16.2 The provider will arrange medical care for the guest if they are unable to make decisions or if the guest’s relatives cannot be contacted.
§ 17 Place of Performance, Jurisdiction, and Choice of Law
17.1 The place of performance is the location of the accommodation business.
17.2 This contract is governed by Austrian law, excluding the rules of international private law (in particular IPRG and EVÜ) and the UN Sales Convention.
17.3 Exclusive jurisdiction for disputes arising from this contract lies with the provider’s location, although the provider may also pursue their rights at any other competent court.
§ 18 Miscellaneous
18.1 The period for any deadlines begins with the delivery of the document that sets the deadline to the contracting party.
18.2 Declarations must be received by the other contracting party no later than the last day of the deadline (by 24:00).
Last changes: 01-02-2025
