GENERAL TERMS AND CONDITIONS YOURAPARTMENT.AT
1.1 These terms and conditions apply to all contracts between the tenant and the landlord, which regulate facts about the rental of holiday apartments for accommodation and for all other services provided for the tenant in connection with the accommodation and the rental. By making a booking or placing an order for a rental, you accept the General Terms and Conditions (hereinafter referred to as „GTC“) in the version applicable at the time the rental is made. The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version.
1.2 Operator of the „yourapartment.at“ website is: IP Appartementservice & facility management GmbH, Rotensterngasse 21/1A – 1020 Vienna, UID: ATU66897539, FN 372130 a Please contact us with any questions, requests or complaints: E-mail: firstname.lastname@example.org, Phone: +43 1 361 98 61.
1.3 „Tenant“ is any person who enters into a legal transaction for private and/or business purposes. The tenancy is only permissible when the tenant has reached at least 18 years of age.
2.1 A contract is concluded by the acceptance of the reservation order by the tenant. A reservation order is created by the active selection by the tenant of one of the objects to be rented on the online platform. By the tenant following the specified steps of the online platform, the landlord is notified of the rental request. After verification, the landlord confirms receipt of the selection of the tenant’s hostel by sending the tenant a booking confirmation by mail from the landlord. The booking offer also contains the total amount to be paid by the tenant. Only when the object has been paid by the tenant, the booking is considered fixed. This represents the legal conclusion of the contract between tenant and landlord.
2.2 With the booking confirmation, the tenant receives information about the payment and amount of the rent, as well as the details of the period of stay in the apartment. With timely receipt of the said payment by the tenant, the rental contract becomes legally binding for both parties. The tenant declares himself responsible for the contractual obligations of all persons travelling with him.
2.3 The contract shall be concluded in German or English.
3. SERVICES AND PRICES
3.1 The scope of the contractual services results from the service description of the contract or the booking confirmation. The description of services on the Internet was carried out to the best of our knowledge and belief. However, no liability is assumed for any errors that may occur.
3.2 The rental property may only be occupied by the number of persons stated in the confirmation. Children count as persons for this purpose.
3.3 The landlord reserves the right to change the prices for the offered holiday apartments at short notice in order to fill occupancy gaps. Already existing rentals and the associated rental contracts and booking confirmations remain unchanged in this case. The tenant may not derive any claims against the landlord from an interim price change.
4. TERM OF LEASE
4.1 The rental period is specified in the rental contract. The arrival takes place from 15:00 o’clock and the departure at the latest 11:00 o’clock. Deviations from this are only possible after consultation with the landlord. The landlord is entitled to demand a surcharge in this case.
5. DUE DATE AND PAYMENT
5.1 Payment is due as soon as the tenant has received a booking confirmation by mail. The costs for the rented object of the landlord without due date are payable immediately without deduction. Landlord is entitled to make accrued claims due at any time and demand immediate payment.
5.2 In case of late payment the landlord is entitled to cancel the reservation.
5.3 The lessor is entitled, at the conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit in the event of damage by the lessee to the lessor’s property.
5.4 Payment will be made via the following payment method if:
· Credit card (Visa and/or Mastercard and/or American Express)
6. TERMINATION OF THE CONTRACT
Both contracting parties have the right to terminate the contractual relationship in the following ways:
· Exceptional reasons
6.1 The tenant as well as the landlord is entitled to terminate the contract. The following provisions apply in this regard:
- Notice of termination must be given in writing and must be presented to the other contracting party in each case in order to be effective.
- In the event of termination on the part of the tenant, the notice of termination must be received in due time (cancellation period). In the event of a dispute, the tenant must prove that the landlord was notified of the termination in writing and in due time.
6.2 The withdrawal or cancellation of the contract causes the reversal of the contractual relationship. As a result, both parties to the contract must be placed in the same position as if the contract had never existed. The following provisions apply:
- Withdrawal/cancellation from the contract on the part of the tenant
- The lessee may withdraw from the contract at any time by submitting a written declaration of withdrawal to the lessor.
- Free cancellations from the side of the tenant (regardless of the booking date) are usually possible. However, the cancellation must be received by the landlord at least 30 days before the booked arrival date.
- The cancellation or withdrawal will only be charged if the cancellation is made after the above-mentioned period or if the tenant does not appear on the date of arrival, which is equivalent to a declaration of withdrawal. Then the landlord can keep the advance payment.
- Exceptions will be agreed in writing by the service provider directly with the guest immediately after receipt of the reservation confirmation and accordingly apply only to this case. For other exceptions to the same contractual partners, this can be agreed between yourapartment.at and the respective customer individually in writing.
6.3 Withdrawal/cancellation from the contract on the part of the lessor
· If the required advance payment is not made in due time, the lessor is also entitled to withdraw from the contract. The declaration of withdrawal or cancellation must be sent to the tenant in writing.
6.4 Extraordinary reasons justifying termination of the contract. Furthermore, the lessor is entitled to withdraw from the contract extraordinarily for factually justified reasons. In the event that force majeure or other immoral and/or unreasonable circumstances for which the landlord is not responsible make it impossible for him to fulfil the contract, the landlord shall be entitled to withdraw from the contract. For example, this would be the case if a customer booked a holiday apartment under misleading or false statement of material facts. has. If, in addition, the lessor has reasonable cause to believe that the use of the accommodation services by this customer will jeopardise the smooth running of the business, the safety or the reputation of the lessor in public, the lessor may also withdraw from the contract without this being attributable to the lessor’s sphere of control or organisation. In exemplum:
- disruptive behaviour
- Admission of additional guests (for the duration of the use in breach of contract, the landlord may demand an appropriate surcharge for overcrowding)
- The Lessor shall notify the Lessee of the exercise of the right of withdrawal without delay. In the event of a justified withdrawal by the Lessor, the Lessee shall not be entitled to compensation.
6.4.1 Early departure or late arrival of the tenant
- In case of early departure or late arrival, the tenant is not entitled to claim a refund from the landlord due to an early departure or late arrival.
7.1 The tenant is liable for personal injury and property damage caused by him or the accompanying persons. This includes both the loss and damage of rental, furnishings and utensils, provided that these exceed the normal wear and tear with careful handling. Parents are liable for their children. The landlord assumes no liability for theft, fire and water damage to the property of the tenant.
7.2 In case of loss of the keys, the tenant is obliged to compensate the costs and damages resulting from this.
7.3 No liability is assumed for lost property. They will only be returned on request against payment.
8. OBLIGATIONS OF THE TENANT
8.1 The tenant undertakes to treat the holiday apartment, including all the equipment in it, with care. All damages caused by the tenant or accompanying persons or his visitors are to be reported to the landlord immediately. The damage caused must be compensated by the tenant to the landlord.
8.2 The tenant must adhere to the following house rules:
- Bringing pets is not permitted.
- The use of sleeping bags is not allowed.
- Any rubbish must be disposed of in the containers provided.
- The tenant must adhere to the prescribed quiet hours from 22:00 to 08:00.
- Smoking is prohibited in the holiday apartments.
- The organization of parties is not allowed.
8.3 It is obligatory for each guest to fill in the online registration form and deliver it to the landlord.
8.4 At check-out, it must be ensured that all windows and doors are firmly closed. The landlord is not liable for damages in case of burglary or theft of the tenant’s property.
8.5 The hirer must comply with the regulations which can be seen on the website.
9.1 In principle, the civil law warranty claims according to ABGB apply and if a consumer is involved, the provisions of the KSchG also apply.
9.2 If defects are discovered when moving into the holiday apartment, these must be reported to the landlord immediately. If the stay is considerably impaired as a result of a defect and the landlord does not provide a remedy within a reasonable period, the tenant is entitled to a reduction in rent or termination. Furthermore, termination of the rental agreement is possible if the use is considerably impeded or endangered by force majeure such as natural disasters, fire, etc.
9.3 In this case, the rent paid for the remaining period of the rental relationship will be refunded. Further claims are excluded.
10.1 Public parking is available on the street (please note that Vienna has a short-stay parking zone).
10.2 No liability is accepted for damage, break-in or theft of the vehicles.
11.TRAVEL CONTRACT LAW
11.1 The lessor is not a tour operator. The regulations on the law of the tour operator including its liability therefore do not apply.
12.1 Should individual provisions of the General Rental and Cancellation Conditions be or become void, ineffective, voidable or unenforceable, the remaining provisions shall remain unaffected. The parties shall then endeavour to find a permissible provision that comes as close as possible to the intended provision.
13.PLACE OF PERFORMANCE AND JURISDICTION
13.1 The place of performance for all claims arising from the rental relationship is the place where the leased property is located, Vienna Austria.
13.2 The exclusive place of jurisdiction is the competent district court in Vienna.