Terms and conditions
1.1 These general terms and conditions apply to all agreements on the use of apartments.
1.2 The GTC do not exclude special agreements and are subsidiary to individual agreements.
Is a natural or legal person who rents apartments for a fee.
Is a natural person who uses the apartment. As a rule, the tenant is also the contractual partner. Persons who share the apartment with the contractual partner (e.g. family members, friends, colleagues, etc.) are also considered tenants.
Is a natural or legal person in Germany or abroad who concludes an apartment usage contract as a tenant or for a tenant.
Consumer / Entrepreneur
The terms are to be understood in the sense of the Consumer Protection Act.
Is the contract concluded between the lessor and the contracting party, the content of which is subsequently regulated in more detail.
- The contract for the use of an apartment is concluded by the landlord's acceptance of the contractual partner's order. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances, and access to the Lessor's announced business hours can be granted.
- The landlord is entitled to conclude the apartment usage contract on the condition that the contractual partner makes a down payment. In this case the lessor is obliged to inform the contracting party of the required down payment before accepting the written or verbal order of the contracting party. If the contractual partner agrees with the down payment (in writing or verbally), the apartment usage contract comes into effect with the receipt of the declaration of agreement on the payment of the contractual partner's down payment by the landlord.
- The contractual partner is obliged to pay the down payment at the latest 7 days (arriving) before the beginning of the rental period. The costs for the money transaction (e.g. transfer charges) shall be borne by the contracting party. Credit and debit cards are subject to the respective conditions of the
- The advance payment is a partial payment on the agreed
- The contract partner has the right, if the landlord does not offer another reference time, to use the rented rooms from 15:00 o'clock of the agreed day (arrival day).
- The rented rooms must be vacated by the contractual partner by 10.00 a.m. on the day of departure. The lessor is entitled to charge a further day if the rented rooms are not vacated in due time.
Withdrawal by the lessor
5.1 If the residential use contract provides for a down payment and if the down payment has not been made in due time by the contractual partner, the landlord can withdraw from the residential use contract without a grace period.
5.2 If the tenant does not arrive by 18:00 on the agreed arrival date, the landlord may withdraw from the contract, unless a later arrival date has been agreed.
5.3 If the contracting party has made a down payment (see 3.3), the premises shall remain reserved until 12:00 noon of the day following the agreed day of arrival at the latest.
5.4 Up to 30 days before the agreed date of arrival of the contractual partner at the latest, the landlord may dissolve the apartment usage contract for objectively justified reasons, unless otherwise agreed, by unilateral declaration.
Cancellation by the contracting party in the case of short-term rental (applies to all bookings with less than 28 nights)
5.5 In the case of a booked short stay (less than 28 nights), the contract can be cancelled without payment of a cancellation fee by unilateral declaration by the contractual partner up to 7 days before the agreed arrival date of the tenant at the latest.
5.6 Outside the period specified in § 5.5, in the event of withdrawal by unilateral declaration by the contracting party, the first night shall be invoiced in full and all further nights shall be invoiced at 50%.
Cancellation by the contracting party in case of long-term rental (applies to all bookings of 28 nights or more)
5.7 In the case of a booked long stay (28 nights or more), the apartment usage contract can be cancelled without payment of a cancellation fee by means of a unilateral declaration by the contractual partner no later than 30 days before the agreed arrival date of the tenant.
5.8 Outside the period specified in § 5.7, the first 28 nights shall be charged in full in the event of withdrawal by unilateral declaration of the contractual partner.
- The lessor may provide the contracting party or the tenants with an adequate replacement apartment (of the same quality) if this is reasonable for the contracting party, especially if the deviation is minor and objectively justified.
- An objective justification is given, for example, if the rooms have become unusable, tenants who have already been accommodated extend their stay, there is an overbooking or other important measures have taken this step.
- Any additional expenses for the substitute accommodation shall be borne by the lessor.
7.1 By concluding a contract for the use of an apartment, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the house, which are usually accessible to the tenants for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with the house rules.
- The contractual partner is obliged, at the latest at the time of departure, to pay the agreed remuneration plus any additional amounts which have arisen due to the separate use of services by him and/or the tenants accompanying him plus statutory value-added tax.
- The contractual partner shall be liable to the lessor for any damage which he or the lessee or other persons who accept services of the lessor with the knowledge or will of the contractual partner,
- The contractual partner is obliged to name the tenant(s). The tenant(s) agree to the collection and storage of their personal data in accordance with the MeldeG 1991 (MeldeG 1991) and agree to this with their booking.
- If the contractual partner refuses to pay the agreed remuneration or is in arrears with it, the lessor is 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 contractual partner or the lessee. This right of retention or lien is also available to the lessor to secure his claim arising from the contract for the use of the flat, other expenses incurred for the contracting party and for any claims for compensation of any kind.
- The lessor has the right to invoice or interim account for his services at any time.
- The lessor is obliged to provide the agreed services to a standard corresponding to his standard.
- The lessor is liable according to §§ 970 ff ABGB for the items brought in by the contracting party. The liability of the lessor is only given if the objects have been handed over to the lessor or to persons authorised by the lessor or have been taken to a place designated or designated by the lessor. If the lessor is unable to provide proof, the lessor shall be liable for his own fault or the fault of his staff as well as the persons leaving and arriving. Pursuant to § 970 para 1 ABGB, the Lessor shall be liable up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Entrepreneurs (Bundesgesetz über die Haftung der Unternehmer) as amended from time to time. If the contractual partner or the lessee does not immediately comply with the request of the lessor to deposit his items at a special place of storage, the lessor shall be released from any liability. The amount of any liability of the lessor is limited to a maximum of the liability insurance sum of the respective lessor. A fault of the contracting party or tenant is to be considered.
- The liability of the lessor for slight negligence is excluded. If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case the contractual partner bears the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be reimbursed under any circumstances.
- For valuables, money and securities the landlord is liable only up to the amount of at present € 350, -. The lessor shall only be liable for any further damage in the event that the damage was caused by himself or one of his employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
- The landlord may refuse the safekeeping of valuables, money and securities.
- In any case of the accepted storage, liability is excluded if the contractual partner and/or lessee does not immediately notify the lessor of the damage incurred as soon as it becomes known. In addition, these claims must be asserted in court within three years of knowledge or possible knowledge by the contractual partner or tenant; otherwise the right shall lapse.
- If the contractual partner is a consumer, the liability of the lessor for slight negligence, with the exception of personal injury, is excluded.
- If the contractual partner is an entrepreneur, the liability of the lessor for slight and gross negligence is excluded. In this case the contractual partner 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 reimbursed. The damages to be compensated shall in any case be limited to the amount of the
- The taking, keeping and/or care of animals is not permitted.
- The contractual partner has no right to have his stay extended. If the contractual partner announces his wish to extend his stay in good time, the landlord may extend the contract for the use of the apartment.
- If the contract partner cannot leave the apartment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the contract for the use of the apartment is automatically extended for the duration of the impossibility of departure. The lessor shall be entitled to demand at least the remuneration which corresponds to the price normally charged at this time.
- If the residential use contract was concluded for a certain period of time, it ends with
- If the contractual partner leaves prematurely, the lessor is entitled to demand the full agreed remuneration.
- The death of a tenant means that the contract ends with the
- If the residential use contract has been concluded for an indefinite period, the contracting parties may dissolve the contract by 10:00 a.m. on the third day before the intended end of the contract.
- The landlord is entitled to dissolve the apartment usage contract with immediate effect for an important reason, in particular if the contractual partner or the tenant
- makes use of the premises in a way that is considerably detrimental to the property or, by his ruthless, offensive or otherwise grossly improper conduct towards the other tenants, the owner, his people or third parties living in the house, he makes the other tenants live together or is guilty of a punishable act against property, morality or physical safety towards these persons;
- is afflicted by an infectious disease or a disease that extends beyond the period of stay, or is otherwise in need of care;
- the presented invoices are not due within a reasonable period of time (3 days)
- I've disobeyed the house rules.
- If performance of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, official decrees, etc.), the landlord may dissolve the residential use contract at any time without observing a period of notice, unless the contract is already deemed to have been dissolved by law, or the landlord is released from his rental obligation. Any claims for damages etc. of the contractual partner are excluded.
- If a tenant falls ill during his stay, the landlord will provide medical care at the request of the tenant. In the event of imminent danger, the Lessor shall arrange for medical care to be provided even without the Lessee's special request, in particular if this is necessary and the Lessee is not in a position to do so himself.
- As long as the tenant is unable to make decisions or the tenant's relatives cannot be contacted, the landlord will provide medical treatment at the tenant's expense. The scope of these care measures ends, however, at the time when the tenant can make decisions or the relatives have been informed of the case of illness.
- The lessor has claims for compensation against the contractual partner and the lessee or, in the event of death, against their legal successors, in particular for the following costs:
- open medical expenses, costs for patient transport, medication and medical aids
- necessary room disinfection,
- linen, bed linen and bed furnishings which have become unusable, otherwise for disinfection or thorough cleaning of all such articles,
- Restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,
- Accommodation fee, insofar as the premises have been occupied by the tenant, plus any days of unusability of the rooms due to disinfection, evacuation or similar,
- any other damage incurred by the lessor
- Place of performance and exclusive jurisdiction is Vienna, whereby the lessor is also entitled to assert his rights at any other local and competent court.
- This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (in particular IPRG and EVÜ) as well as UN Convention on Contracts for the International Sale of Goods.
- Unless the above provisions provide otherwise, a time limit shall run from the date of service of the document fixing the time limit on the contracting parties, who shall observe it. When calculating a time limit determined by days, the day in which the time or event to which the beginning of the time limit is to be subject falls shall not be counted. 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 that month, the last day of that month shall be decisive.
- Declarations must be received by the other contracting party on the last day of the period (midnight).
- The lessor is entitled to set off his own claims against claims of the contracting party. The contractual partner is not entitled to set off his own claims against claims of the lessor, unless the lessor is insolvent or the claim of the contractual partner has been legally established or recognised by the lessor.
- In the event of loopholes, the relevant statutory provisions shall apply.
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