Terms and Conditions

For all accommodation contracts between Palais Coburg Residenz GmbH and guests, the following Austrian Hotel Contract Conditions (ÖHVB) shall apply.

§ 1 General Provisions

The (general) Austrian Hotel Contract Conditions constitute the contractual content under which Austrian accommodation providers customarily conclude accommodation agreements with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements.

§ 2 Contracting Parties

(1) In cases of doubt, the person placing the order shall be deemed to be the contracting party of the accommodation provider, even if he or she has ordered or jointly ordered on behalf of other persons named.

(2) Persons making use of the accommodation are guests within the meaning of these contractual terms.

§ 3 Conclusion of Contract, Deposit

(1) The accommodation contract is usually concluded through the acceptance of the guest’s written or verbal order by the accommodation provider.

(2) It may be agreed that the guest pays a deposit.

(3) The accommodation provider may also require prepayment of the entire agreed fee.

(4) For a reservation to be validly made, the guest must, upon request, provide their credit card number and its expiry date at the same time as making the reservation.

(5) In the case of group or company bookings, confirmation of a reservation can only be given after receipt of a deposit amounting to 25% of the agreed total invoice amount.

§ 4 Commencement and Termination of Accommodation

(1) The guest has the right to occupy the rented rooms from 2 p.m. on the agreed day.

(2) The accommodation provider has the right to withdraw from the contract if the guest has not arrived by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed.

(3) If the guest has paid a deposit, the room(s) shall remain reserved until no later than 12 noon on the following day.

(4) If a room is first occupied before 6 a.m., the preceding night shall count as the first overnight stay.

(5) The rented rooms must be vacated by the guest by 12 noon on the day of departure.

§ 5 Withdrawal from the Accommodation Contract

(1) Up to no later than 48 hours before the guest’s agreed arrival date, the accommodation contract may be terminated by either contracting party through a unilateral declaration. The cancellation notice must be in the hands of the contracting party (by post, fax, or email) no later than 48 hours before the agreed arrival date of the guest.

(2) After 48 hours before the agreed arrival date of the guest, the accommodation contract may be terminated by either contracting party through a unilateral declaration. If the cancellation is made by the guest and no other buyer can subsequently be found for the accommodation service, the guest must pay a cancellation fee amounting to 100 % of the room price. The cancellation notice must be in the hands of the contracting party (by post, fax, or email) before the agreed arrival date of the guest.

(3) The accommodation provider has the right to withdraw from the contract if the guest has not arrived by 6 p.m. on the agreed arrival day, unless a later arrival time has been agreed.

(4) If the guest has paid a deposit, the room(s) shall remain reserved until no later than 12 noon on the following day.

(5) Even if the guest does not use the ordered rooms or board services, he or she is obliged to pay the agreed remuneration to the accommodation provider. However, the accommodation provider must deduct what he or she has saved as a result of the guest not making use of the service offered, or what he or she has received through renting the ordered rooms to others. Experience shows that, in most cases, the savings made by the establishment as a result of the service not being provided amount to 20 % of the room price and 30 % of the catering price.

(6) The accommodation provider is obliged to make reasonable efforts to rent out the unused rooms elsewhere in accordance with the circumstances (§ 1107 ABGB). If the accommodation provider is able to let the cancelled services to third parties under the same conditions, the cancellation fee shall be reduced to up to 30 % of the room and board price.

(7) The aforementioned cancellation conditions apply only to bookings of up to five suites. For bookings of more than five suites, the cancellation conditions will be provided upon request. The cancellation conditions set out in items 1, 2 and 5 represent a non-binding association recommendation within the meaning of §§ 31 et seq. of the Cartel Act, which was notified to the Vienna Higher Regional Court (OLG Wien) as Cartel Court under file 26 Kt 79/03.

§ 6 Provision of Substitute Accommodation

(1) The accommodation provider may offer the guest equivalent substitute accommodation if this is reasonable for the guest, particularly because the deviation is minor and objectively justified.

(2) An objective justification exists, for example, if the room(s) have become unusable, if guests already accommodated have extended their stay, or if other significant operational measures necessitate this step.

(3) Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

§ 7 Rights of the Guest

(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment which are normally and without special conditions accessible for guest use, and to customary service.

(2) The guest has the right to occupy the rented rooms from 2 p.m. on the agreed day.

(3) If full board or half board has been agreed, the guest is entitled to reasonable reductions (allowances) for meals that cannot be taken due to absence. Local agreements are made regarding the amount and detailed conditions of such reductions.

(4) The rented rooms must be vacated by the guest by 12 noon on the day of departure. If a room is used beyond the agreed time, the accommodation provider is entitled to charge an appropriate fee (compensation).

(5) The guest must recognise the accommodation provider’s right to issue instructions regarding the use of the property, in particular the use of common areas, in order to ensure proper operation. The accommodation provider may issue such instructions through house rules.

(6) The guest may offset claims of the accommodation provider only against undisputed or legally established counterclaims.

§ 8 Obligations of the Guest

(1) The guest must handle the rooms and furnishings provided for use with due care. The guest is liable for any damage caused by him or her, by accompanying guests or visitors, or by employees acting on his or her behalf.

(2) The guest is responsible for complying with laws, regulations, official orders, and for obtaining and presenting any required identification documents. Any disadvantages arising from the guest’s breach of these obligations shall be borne by the guest.

(3) Unless otherwise agreed, the guest is obliged to pay his or her invoice upon departure. If payment by credit card has been agreed upon registration, the accommodation provider is entitled to charge the amount due at the time the guest’s payment obligation becomes payable, even if the guest is not present.

(4) The guest must comply with the house rules.

§ 9 Payment Obligation

(1) The guest is obliged to pay the fee for the accommodation (overnight stay, full board, or half board). A reduction of the fee is only possible if the guest has applied in advance for a reduction in the meal price (breakfast: 20 percent; lunch or dinner: 30 percent).

(2) Should the guest, when paying by credit card or debit card, be required by law to reimburse value-added tax that was incorrectly shown on an invoice due to an error not caused by the accommodation provider or due to a statutory change in tax or levy rates, the accommodation provider is entitled to request a new payment from the guest by another method of payment. If the incorrectly stated VAT amount results in a credit in favour of the guest, this will be refunded within seven days from the reissue of the invoice to the guest by means of a credit to the original credit or debit card, or by bank transfer.

§ 10 Responsibility of the Accommodation Provider

(1) The accommodation provider shall exercise the care of a prudent merchant in fulfilling their obligations. Claims by the guest for damages are excluded. Exceptions apply for damages resulting from injury to life, body, or health if the accommodation provider is responsible for the breach of duty, for other damages based on an intentional or grossly negligent breach of duty by the accommodation provider, and for damages resulting from a culpable breach of essential contractual obligations by the accommodation provider (§§ 1295 ff ABGB).

§ 11 Liability for Property Brought into the Premises

(1) The accommodation provider is liable for cash, securities, and valuables only in the event of culpable damage or culpable destruction of these items and only up to a maximum amount of €550.00, unless they have been accepted for safekeeping with knowledge of their nature. Valuables include, for example, jewellery and other items with a value exceeding €550.00. Notices to this effect must be clearly displayed or made available in writing. If the guest fails to comply with this request, no liability exists. If the accommodation provider has refused acceptance for safekeeping without a valid reason, they shall be liable without limitation (§§ 970 ff ABGB).

(2) If items referred to in paragraph 1 are brought into the accommodation establishment without being given into safekeeping, the accommodation provider shall be liable for their loss, damage, or destruction up to a maximum amount of €1,100.00, unless they can prove that the damage was caused neither by themselves nor by one of their employees, nor by other persons entering or leaving the premises. Under these circumstances, the accommodation provider is liable for valuables, cash, and securities up to a maximum amount of €550.00, unless they have been accepted for safekeeping with knowledge of their nature, or the damage was caused by the provider themselves or their employees, in which case they are liable without limitation. A disclaimer of liability by means of a notice has no legal effect. The safekeeping of valuables, cash, and securities may be refused if these items are significantly more valuable than what guests of the establishment would ordinarily entrust for safekeeping. Agreements that reduce liability below the levels mentioned above are invalid. Items are considered to have been brought in once they have been handed over to a person employed by the accommodation establishment or placed in a location assigned or designated by them for this purpose (particularly §§ 970 ff ABGB).

(3) For items kept in room safes, the accommodation provider’s liability is limited to €20,000.00. A prerequisite for any liability of the accommodation provider is that the valuables are stored in locked room safes.

§ 12 Keeping of Animals

(1) Animals may only be brought into the accommodation establishment with prior approval and, if applicable, against a special fee. Animals are not permitted in the salons, lounges, or restaurant areas.

(2) The guest is liable for any damage caused by animals brought along, in accordance with the statutory provisions applicable to animal owners (§ 1320 ABGB).

§ 13 Extension of Accommodation

An extension of the guest’s stay requires the consent of the accommodation provider.

§ 14 Termination of Accommodation

(1) If the accommodation contract has been agreed for a fixed period, it ends upon the expiry of that period. If the guest departs earlier than agreed, the accommodation provider is entitled to demand the full agreed payment. However, the accommodation provider is obliged to make reasonable efforts to rent out the unused rooms in accordance with the circumstances. Otherwise, the regulation in § 5 (5) shall apply correspondingly (deduction percentages).

(2) In the event of the guest’s death, the contract with the accommodation provider ends.

(3) If the accommodation contract has been concluded for an indefinite period, either contracting party may terminate the contract at any time, subject to a notice period of three days. The notice of termination must reach the other contracting party before 10 a.m.; otherwise, the day on which the notice is received shall not count as the first day of the notice period, but only the following day.

(4) If the guest does not vacate the room by 12 noon, the accommodation provider is entitled to charge the room rate for an additional day.

(5) The accommodation provider is entitled to terminate the accommodation contract with immediate effect if the guest
a) makes significantly detrimental use of the premises, or through inconsiderate, offensive, or otherwise grossly improper behaviour spoils the coexistence of the other residents, or commits a punishable act against property, morality, or physical safety in relation to the accommodation provider, their staff, or another person staying in the establishment;
b) suffers from a contagious illness or an illness that exceeds the duration of the stay, or becomes in need of care;
c) fails to pay the presented invoice within a reasonably set period after being requested to do so.

(6) If fulfilment of the contract becomes impossible due to an event considered force majeure, the contract shall be dissolved. However, the accommodation provider is obliged to return the remuneration already received on a pro rata basis, so that no profit arises from the event (§ 1447 ABGB).

§ 15 Illness or Death of the Guest in the Accommodation Establishment

(1) If a guest falls ill during their stay at the accommodation establishment, the accommodation provider has the duty to arrange medical care if necessary and if the guest is unable to do so personally. The accommodation provider has the following claims for reimbursement of costs against the guest or, in the case of death, against their legal successor:

a) possible reimbursement of any doctor’s fees not yet settled by the guest;

b) for the necessary room disinfection, if ordered by the public health officer;

c) any reimbursement for laundry, bed linen, and bedding rendered unusable, against handover of these items to the legal successor, otherwise for the disinfection or thorough cleaning of all such items;

d) for the restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death;

e) for the room rent lost in connection with the illness or death due to the temporary unavailability of the rooms (minimum three, maximum seven days).

§ 16 Place of Performance and Jurisdiction

(1) The place of performance is the location of the accommodation establishment.

(2) For all disputes arising from the accommodation contract, the court with subject-matter and local jurisdiction for the accommodation establishment shall be agreed, unless

a) the guest, as a consumer, has a place of employment or residence within the country; in this case, the place of jurisdiction shall be the location indicated by the guest upon registration;

b) the guest, as a consumer, has only a place of employment within the country; in this case, that shall be the place of jurisdiction.

§ 17 Personal Data

The accommodation provider processes the guest’s personal data. Further information regarding the processing of their personal data can be found by the guest at palais-coburg.com/privacy