General terms and conditions for renting the holiday apartment "Blick über Krems"
§ 1 scope
These terms and conditions apply to the rental as well as all other services provided for the guest with regard to the holiday apartment "Blick über Krems".
§ 2 contractual partner
(1) Contract partners are Mag. Willibald Gföhler MBA hereinafter referred to as the landlord and the guest. If a third party makes the booking for the guest, he is liable to the landlord as the purchaser together with the guest as joint debtor for all obligations arising from the contract. In case of doubt, the customer is liable even if he has ordered or has ordered for other named persons. Regardless of this, every customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
(2) Persons using the accommodation are guests within the meaning of the contractual conditions.
§ 3 Conclusion of the contract, down payment
(1) As a rule, the accommodation contract is concluded when the landlord accepts the guest's booking in writing.
(2) It can be agreed that the guest pays a deposit.
(3) The landlord can also request advance payment of the entire agreed fee.
§ 4 start, extension and end of the accommodation
(1) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day. The guest is not entitled to earlier availability.
(2) Reserved rooms must be used by the guest by 6 p.m. on the agreed arrival date at the latest. Unless a later arrival time has been expressly agreed, the landlord has the right to assign the booked holiday apartment to someone else after 6 p.m. without the guest being able to derive any claims for compensation. The lessor has the right to withdraw from the contract.
(3) If the guest has paid a deposit equal to the price of the stay for one day, however, the holiday apartment will remain reserved until 12 noon the following day at the latest.
(4) An extension of the guest's stay requires the consent of the landlord.
(5) On the agreed departure date, the holiday apartment must be vacated and made available to the landlord no later than 11.00 a.m. Thereafter, the landlord can charge up to 100% of the full valid accommodation price for the additional use of the holiday apartment in addition to the damage he incurs.
(6) If the accommodation contract was agreed for a specific period, it ends when the time expires. If the guest leaves early, the landlord is entitled to demand the full agreed fee.
(7) The landlord is entitled to terminate the accommodation contract with immediate effect if the guest
(a) makes a significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, prevents the other roommates from living together or commits himself to an act of property, morality or physical harm against the landlord and his people that is threatened with punishment Security guilty;
(b) becomes infected with an infectious disease or disease that exceeds the duration of the accommodation or requires care;
(c) fails to pay the presented invoice upon request within a reasonable period. (8) If the fulfillment of the contract becomes impossible due to an event that is considered to be force majeure, the contract will be terminated.
§ 5 Withdrawal from the accommodation contract
(1) Resignation of the guest, cancellation
(a) In the event of a guest withdrawing from the booking, the landlord is entitled to appropriate compensation.
(b) The landlord has the choice of claiming a flat rate cancellation fee instead of a specifically calculated compensation.
(c) The above regulations on compensation apply accordingly if the guest does not make use of the booked holiday home or the booked services without notifying this in good time. In the event of a cancellation less than 1 week before arrival, 60% of the total rent and in the case of cancellation 1 day before arrival 90% of the rent.
(2) Resignation of the lessor
(a) If an agreed advance payment or security deposit is not made within a period set for this, the lessor is also entitled to withdraw from the contract.
(b) Furthermore, the landlord is entitled to withdraw from the contract for an important reason, in particular if the holiday home is misleading or incorrectly stated essential facts, e.g. B. is booked with regard to the person of the guest or the purpose; the landlord has justified cause to believe that the use of the service could endanger the smooth business operations, the safety or the public reputation of the landlord, without this being attributable to the landlord's sphere of control or organization; there is an unauthorized subletting or re-letting; the landlord becomes aware of circumstances that the guest's financial situation has worsened significantly after the conclusion of the contract, especially if the guest does not settle the landlord's claims.
(c) In the aforementioned cases of withdrawal, the guest has no right to compensation.
(d) The lessor has the right to withdraw from the contract in the event that the guest does not show up by 6 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
(e) If the guest has paid a deposit, the room (s) will remain reserved until 12 noon the following day at the latest. (f) Even if the guest does not use the booked holiday home, he is obliged to pay the landlord the agreed fee. § 6 Services, Prices and Payment
(1) The guest is obliged to pay the landlord's applicable or agreed prices for the room provided and for other services used by him. This also applies to services and expenses of the lessor towards third parties initiated by the guest or the customer.
(2) The prices can be changed by the landlord if the guest subsequently requests changes to the landlord's services or the length of the guests' stay, and the landlord agrees to this.
(3) The lessor's invoices are payable immediately upon receipt without deduction. In the event of default in payment, the landlord is entitled to charge default interest. The landlord can charge a reminder fee for each reminder after the occurrence of default.
(4) The lessor is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract.
(5) The guest is obliged to pay the landlord's applicable or agreed prices for the room provided and for other services used by him.
§ 7 Liability of the lessor, statute of limitations
(1) Should disruptions or deficiencies in the landlord's services occur, the landlord will endeavor to remedy the situation upon immediate notification of the customer. If the guest culpably fails to report a defect to the landlord, there is no entitlement to a reduction in the contractually agreed fee.
(2) The landlord is liable in accordance with the statutory provisions for all damage resulting from injury to life, body and health.
(3) The lessor is only liable for other damage caused by slight negligence if this is due to the breach of an essential contractual obligation or a cardinal obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract.
(4) In the case of other damage, the liability of the lessor for each individual case of damage and all cases of damage from and in connection with the contractual services is limited to an amount of max. EUR 1,000.00 for property damage and a max. EUR 500.00 for financial losses is limited. The limitation and exclusion of liability do not apply if the other damage is based on an intentional or grossly negligent breach of duty on the part of the landlord, his legal representatives or executive employees.
(5) The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims from tort. The above limitations of liability also apply in cases of any damage claims by a guest against employees or vicarious agents of the landlord. They do not apply in cases of liability for a defect after assuming a guarantee for the quality of a thing or a work, in the case of fraudulently concealed errors or in the case of personal injury.
(6) The landlord is liable to the guest for property brought in according to the statutory provisions, up to a maximum of EUR 500.00. For valuables (cash, jewelry, etc.) this liability is limited to EUR 100.00. The liability claims expire if the guest does not notify the landlord immediately after becoming aware of loss, destruction or damage.
(7) If the guest has a parking space available no safekeeping agreement is concluded. There is no monitoring obligation on the part of the landlord. In the event of loss of or damage to vehicles parked or maneuvered on the landlord's property and their contents, the landlord is not liable unless the landlord, his legal representatives or his vicarious agents are responsible for intent or gross negligence. In this case, the damage must be reported to the landlord at the latest when leaving the property.
(8) Claims for damages by the guest expire at the latest after one year from the point in time at which the guest becomes aware of the damage, or regardless of this knowledge, no later than two years from the point in time of the damaging event. This does not apply to liability for damage to life, limb or health as well as to other damage based on an intentional and grossly negligent breach of duty by the landlord, a legal representative or vicarious agent of the landlord.
§ 8 guest rights
(1) By concluding an accommodation contract, the guest acquires the right to normal use of the rented rooms, the terrace and the garden, which is shared with the residents on the same floor.
(2) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
§ 9 obligations of the guest
(1) Upon termination of the accommodation contract, the agreed fee must be paid. The landlord is not obliged to accept cashless means of payment such as checks, credit cards, receipts, etc.
(2) Before using electrical devices that guests bring with them and that are not part of the usual travel needs, the consent of the lessor must be obtained.
(3) The provisions of the law on damages apply to damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third party through his fault or through the fault of his companions or other persons for whom he is responsible, even if the injured party is entitled to compensation to use the landlord directly.
§ 10 rights of the lessor
(1) If the guest refuses to pay the stipulated fee or is in arrears, the landlord has the right to withhold the items brought in to secure his claim for accommodation and meals as well as his expenses for the guest. (statutory right of retention.)
(2) The landlord has the right of lien on the objects brought in by the guest in order to secure the agreed fee. (legal lien of the landlord)
§ 11 Liability of the lessor for damage
(1) The landlord is liable for damage suffered by a guest if the damage occurred within the framework of the business and he or his employees are at fault.
§ 12 keeping of animals
(1) Animals may only be brought into the holiday apartment with prior approval and if necessary for a special fee.
(2) The guest is liable for the damage caused by animals brought along in accordance with the statutory provisions applicable to the animal owner.
§ 13 final provisions
(1) Changes or additions to the contract, the acceptance of applications or these terms and conditions for the rental should be made in writing. Unilateral changes or additions by the customer are invalid.
(2) The place of fulfillment and payment is the registered office of the lessor.
(3) For all disputes arising from the accommodation contract, the factually and locally competent court for the holiday home is agreed.
(4) The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the lessor in commercial transactions. However, the landlord is entitled to initiate lawsuits and other legal proceedings at the guest's general place of jurisdiction.
(5) Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply, unless they are expressly recognized in writing by the landlord.
(6) The law of the Republic of Austria applies.
(7) Should individual provisions of these general terms and conditions for leasing be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.