GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE
HOTEL INDUSTRY 2006 (TOSH 2006)
Version of 01.12.2022
General terms and conditions with customer information
table of contents:
1. scope of application
2. conclusion of contract
3. Right of withdrawal (revocation)
4. Prices and terms of payment
5. Start and end of accommodation – Withdrawal from the Accommodation
Agreement by the
7. Provision of substitute accommodation warranty
8. Rights and duties
9. Liability of the Proprietor
10. animal husbandry
11. Termination of the Accommodation Agreement – Early Termination
12. Applicable law/place of jurisdiction
13. Information on online dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “TOS”) of the
SIF Vermietungs GmbH
1010 Wien, Österreich
T: +43-1-914 55 65
(hereinafter referred to as “Accommodator”), shall apply to all contracts for the
apartments for accommodation as well as all further services and deliveries
referred to as “Apartment Accommodation Contract”) provided to the Customer in
connection, which a consumer or entrepreneur (hereinafter referred to as “Guest”)
concludes with the Accommodator with regard to the services presented by the
Accommodator in its online shop. Herewith the inclusion of own conditions of the
customer is contradicted, unless it is agreed otherwise.
1.2 Definitions of Terms:
“Accommodator”: is a natural or legal person who accommodates guests for a fee.
“Guest”: is a natural person who makes use of the accommodation. The guest is
usually also a contracting party. Guests are also those persons who travel with the
contractual partner (e.g. family members, friends, etc.).
“Contractual partner”: Is a natural or legal person
of Germany or abroad who have signed an accommodation agreement as a guest or
guest. “Consumer” within the meaning of these GTC is any natural person who
concludes a legal transaction for purposes which can predominantly neither be
attributed to his commercial
nor his self-employed professional activity. Entrepreneur in the sense of these
Terms and Conditions is a natural or legal person or a partnership with legal
acts in the exercise of its commercial or independent professional activity when
a legal transaction.
2) Conclusion of contract
2.1 The product and service descriptions contained in the online shop of the
Proprietor shall not constitute binding offers on the part of the Proprietor but shall
serve for the submission of a binding offer by the Parties.
2.2 The Party may submit the offer via the online booking form integrated into the
Proprietor’s online shop. After having gone through the electronic booking process,
Party shall submit a legally binding contractual offer with regard to the goods or
contained in the shopping basket by clicking the button concluding the booking
process. The Party may also submit the offer to the Proprietor by telephone or e-
2.3 The Accommodation Agreement shall come into existence upon acceptance of
Party’s order by the Proprietor. The Proprietor may accept the offer of the Party
within one day, by sending the contractual partner a written order confirmation or an
order confirmation in text form (fax or e-mail), whereby the receipt of the order
confirmation by the contractual partner is decisive in this respect. If the Proprietor
does not accept the offer of the Party within the aforementioned period, this shall be
deemed a rejection of the offer with the consequence that the Party is no longer
bound by its declaration of intent.
2.4 The Proprietor shall be entitled to conclude the Accommodation Agreement on
condition that the Party makes a down payment. In this case, the Proprietor shall be
obliged to inform the Party of the required down payment before accepting the
Party’s order. If the Party agrees to the down payment, the Proprietor hereby
declares acceptance of the offer of the Party in the case of prepayment to the point
in time at which the Customer triggers the payment process by clicking the button
completing the ordering process. This does not apply to down payments by credit
card, in which case the hotelier must also accept the booking in order for the
contract to be concluded. The Party shall be obliged to pay the down payment no
later than at check-in, or on the following working day if the accommodation takes
place less than 3 days prior to the accommodation. The costs for the money
transaction (e.g. transfer charges) shall be borne by the contracting party. The
down payment is a partial payment on the agreed fee.
2.5 When submitting an offer via the Proprietor’s online order form, the text of the
contract shall be stored by the Proprietor and sent to the Party in text form (e.g. e-
mail, fax or letter) together with the present General Terms and Conditions after
dispatch of the order. In addition, the text of the contract shall be archived on the
website of the Proprietor and may be requested by the Party.
2.6 Prior to the binding submission of the order via the Proprietor’s online order
form, the Party may detect possible input errors by carefully reading the information
displayed on the screen. The Party may correct its entries within the framework of
the electronic ordering process using the usual keyboard and mouse functions until
it clicks the button completing the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and establishment of contact usually take place via e-mail
automated order processing. The Party shall ensure that the e-mail address
provided by it
for the order processing is correct so that e-mails sent by the Proprietor can be
received at this address. In particular, when using SPAM filters, the Party shall
ensure that all e-mails sent by the Proprietor or by third parties commissioned by
the Proprietor to process the order can be delivered.
3) Right of withdrawal of the contracting party – cancellation fee
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Pursuant to § 18 FAGG, a right of withdrawal does not exist, unless otherwise
agreed, in the case of contracts for the provision of services in the areas of
accommodation for other than residential purposes, as well as the supply of food
and beverages and services provided in connection with leisure activities, insofar as
in each case a specific time or period is contractually provided for the performance
of the contract by the entrepreneur, Accordingly, a right of withdrawal is also
excluded in the case of contracts which – as in this case – have as their subject
matter room bookings subject to a fixed date.
3.3 If the accommodation contract has been concluded with a standard
(“refundable”) rate, it can be cancelled by the contracting party by unilateral
declaration no later than 14 days before the agreed date of arrival of the guest
without payment of a cancellation fee. After that, a cancellation by unilateral
declaration of the contracting party is only possible under payment of the following
When booking the “Standard (refundable) Rate” for individual traveller.
up to 14 days before arrival day free of charge
from 13 to 5 days to arrival day 50 % of gross price
from 5 days before arrival day or
in case of no-show 90 % of gross price
When booking the “non – refundable rate” the total gross price will be due in
case of any cancellation or rebooking. Thus, no free cancellation or rebooking is
possible from the time of booking. All cancellations, changes or no-shows will be
charged the total amount.
For group bookings (more than 10 people) separate cancellation conditions apply:
up to 60 days before arrival free of chargen
from 59 to 14 days before arrival 50 % of gross price
from 13 to 3 days before arrival 85 % of gross price
from 2 days before arrival or
In case of no-show 100 % of gross price
4) Prices and terms of payment
4.1 Unless otherwise stated in the description of the Proprietor, the prices quoted
are total prices which include the statutory value-added tax. Any additional local
taxes will be indicated separately.
4.2 The payment option(s) shall be communicated to the customer in the online
shop of the accommodation provider.
5) Beginning and end of the accommodation – withdrawal from the
contract by the accommodation provider
5.1 The Party shall have the right, if the Proprietor does not offer any other
occupation time, to move into the rented rooms from 3 p.m. of the agreed day (“day
of arrival”). If a room is occupied for the first time before 3 p.m., the previous night
shall count as the first overnight stay.
5.2 The rented rooms shall be vacated by the contractual partner by 11.00 a.m. on
of departure. The Proprietor shall be entitled to charge a further day if the rented
have not been vacated in due time.
5.3 If the Accommodation Agreement provides for a down payment and the Party
make the down payment in due time, the Proprietor may withdraw from the
Accommodation Agreement without notice.
5.4 If the guest does not arrive by midnight on the agreed day of arrival, there shall
obligation to accommodate unless a later time of arrival has been agreed. If the
made a down payment, the premises shall remain reserved until midnight of the day
following the agreed day of arrival at the latest, whereby the stay shall be charged
from the agreed day of arrival.
5.5 Up to 1 month before the agreed date of arrival of the Party at the latest, the
Accommodation Agreement may be terminated by the Proprietor for objectively
reasons, unless otherwise agreed, by unilateral declaration.
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
6) Provision of the substitute accommodation
6.1 The Proprietor may provide the Party or the Guests with adequate substitute
accommodation (of the same quality) if this is reasonable for the Party, in particular,
deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have)
unusable, guests already accommodated extend their stay, there is an overbooking
or other important operational measures require this step.
6.3 Any additional expenses for the substitute accommodation shall be borne by the
The Proprietor shall perform the agreed services to an extent consistent with its
standard. If the service is defective, the provisions of the statutory warranty shall
apply. This does not apply:
7.1 For entrepreneurs, the Proprietor shall have the choice of the type of
performance in the case of rectifiable defects;
8) Rights and obligations
8.1 The contractual partner is obliged to pay the agreed fee at the latest at the time
departure, plus any additional amounts that have arisen due to the separate use of
services by him and/or the guests accompanying him, plus statutory value-added
8.2 The Proprietor shall not be obliged to accept foreign currencies.
8.3 The Party shall be liable to the Proprietor for any damage caused by him or the
Guest or other persons who accept the services of the Proprietor with the
knowledge or will of the Party.
8.4 If the Party refuses to pay the agreed remuneration or is in arrears with it, the
Proprietor shall be entitled to the statutory right of retention in accordance with §
970c ABGB and the statutory lien in accordance with § 1101 ABGB on the items
brought in by the Party or the Guest. The Proprietor shall also be entitled to this
right of retention or lien as security for his claim under the Accommodation
Agreement, in particular for meals, other expenses incurred for the Party and for
any claims for damages of any kind.
8.4 The Proprietor shall have the right to invoice or interim account for its services
9) Liability of the Proprietor
9.1 The Proprietor shall be liable to the Client for all contractual, statutory and
claims for damages and reimbursement of expenses as follows.
9.2 The Proprietor’s liability for slight negligence – with the exception of personal
injury – is excluded. If the Party is an entrepreneur, liability – with the exception of
personal injury – shall also be excluded for gross negligence, unless it is blatant
9.3 In addition, the following shall apply to items brought in: The Proprietor shall be
liable in accordance with §§ 970 ff ABGB for items brought in by the Party. The
Proprietor shall only be liable if the goods have been handed over to the Proprietor
or to persons authorized by the Proprietor or have been taken to a place designated
or designated by the Proprietor. The Proprietor shall not be liable if he can prove
that the damage was neither caused by him or one of his staff members nor by
other persons entering or leaving the premises (reversal of the burden of proof). If
the aggrieved party is partly to blame for the damage, the obligation to pay
compensation may be reduced or canceled.
The accommodation provider is liable for valuables, money, and securities only up
amount of 250.00 euros. For the rest, liability is limited to 550.00 Euro. The
innkeeper shall be liable in excess of these amounts if he has taken over the items
for safekeeping with knowledge of their condition or if the damage was caused
intentionally or grossly by him or one of his employees. The Proprietor may refuse
to keep valuables, money and securities in safe custody if they are much more
valuable items than guests of the accommodation in question usually hold in safe
custody. If the Party or the Guest does not immediately comply with the request of
the Proprietor to deposit its items at a special place of storage, the Proprietor shall
be released from any liability.
10) Animal husbandry
10.1 Animals are generally not permitted in the accommodating establishment and
only be brought into the accommodating establishment in exceptional situations and
the prior consent of the accommodating establishment and, if necessary, against
10.2 The contractual partner who takes an animal with him is obliged to properly
supervise this animal during his stay or to have it kept or supervised at his expense
suitable third parties.
10.3 The contractual partner or guest who takes an animal with him must have
animal liability insurance or private liability insurance which also covers possible
caused by animals. The proof of the corresponding insurance must be provided
request of the accommodation provider.
10.4 The Party or its insurer shall be liable to the Proprietor for the damage caused
animals brought along. In particular, the damage shall also include any
indemnification to be paid by the Proprietor to third parties by the Proprietor.
11) Termination of the Accommodation Agreement – Early Termination
11.1 If the Accommodation Agreement has been concluded for a certain period of
shall end upon the expiry of this period.
11.2 If the Party leaves prematurely, the Proprietor shall be entitled to demand the
agreed remuneration. The Proprietor shall deduct what it has saved as a result of
making use of its range of services or what it has obtained by renting the rooms
elsewhere. Savings shall only be deemed to have occurred if the accommodation
fully utilized at the time of non-use of the rooms ordered by the guest and the room
rented to other guests due to the cancellation by the contracting party. The
partner bears the burden of proof of the savings.
11.3 The death of a guest shall terminate the contract with the Proprietor.
11.4 If the Accommodation Agreement has been concluded for an indefinite period,
Parties may dissolve the Agreement by 10.00 a.m. of the third day before the
of the Agreement.
11.5 The Proprietor shall be entitled to dissolve the Accommodation Agreement with
immediate effect for good cause, in particular, if the Party or the Guest
a) makes considerably detrimental use of the premises, or through his reckless,
offensive or otherwise grossly unseemly conduct, he makes the other guests, the
owner, his people or the third parties living in the accommodation inappropriate to
live together, or is guilty of a punishable act against property, morality or physical
safety against these persons;
b) is afflicted by an infectious disease or an illness that extends beyond the
duration of the
accommodation or otherwise requires care;
c) the presented invoices are not paid within a reasonable period of time (3 days)
11.6 If the performance of the contract becomes impossible due to an event to be
regarded as force majeure (e.g. natural disasters, strike, lockout, official orders,
etc.), the Proprietor may terminate the Accommodation Agreement at any time
The accommodation provider shall be entitled to dissolve the contract by observing
a period of the notice unless the contract is already deemed to have been dissolved
by law or the accommodation provider is released from its obligation to provide
accommodation. Any claims for damages etc. of the contracting party are excluded.
12) Applicable law/place of jurisdiction
12.1 All legal relations between the parties shall be governed by the law of the
Austria to the exclusion of the UN Convention on Contracts for the International
Goods. In the case of consumers, this choice of law shall only apply to the extent
protection granted is not withdrawn by mandatory provisions of the law of the
which the consumer has his habitual residence.
12.2 If the Party is an Entrepreneur within the meaning of clause 1.2, the exclusive
jurisdiction shall be the place of business of the Proprietor. For contracting parties
consumers, the following shall apply: the place of jurisdiction shall be the domicile
consumer if the consumer is domiciled in the EU, but not in Austria, for actions
the trader against the consumer as well as for actions brought by the consumer
trader. If the consumer has his domicile or habitual residence in Austria, he can
only be sued at the court in whose district the domicile or habitual residence is
located; in this case, the entrepreneur can only be sued by the contractual partner
at his place of business, unless another place of jurisdiction is given by law.
13) Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet
following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes
online sales or service contracts in which a consumer is involved.