Booking terms and conditions

Dr. Ansgar Römer
Neusach 107
A-9762 Weissensee
www.weissensee-ferienwohnungen.at

Terms of contract
for the rental of vacation apartments

In the case of a rental contract reservation of offered vacation apartments, these agreements are deemed to be bindingly accepted between tenant and landlord.

The agreements are based on the Austrian Hotel Contract Conditions (ÖHVB) with amendments and special agreements.
Special agreements are possible in accordance with the ÖHVB. These are incorporated into the present agreements and are deemed to have been agreed.

By concluding the rental contract, the tenant confirms that he has taken full note of the agreements and accepts them bindingly and irrevocably.


§ 1 General

The (general) Austrian Hotel Contract Conditions represent the contractual content on which landlords usually conclude accommodation contracts with their guests. The Austrian Hotel Contract Conditions do not exclude special agreements. The Austrian Hotel Contract Conditions form the basis of this agreement and have been supplemented by special agreements. By concluding a vacation apartment rental agreement, the tenant expressly and irrevocably declares that he has accepted and recognized these agreements as the basis for concluding the rental agreement.

§ 2 Contractual partner tenant/landlord

1.
The contractual partner of the landlord is the tenant, in case of doubt the purchaser, even if he has ordered or co-ordered for other named persons.

2.
The persons making use of the accommodation are tenants within the meaning of the contractual conditions.

§ 3 Conclusion of contract, down payment

1.
The rental agreement shall only come into effect upon acceptance of the written order by the landlord. Confirmation by the landlord shall be made in writing by post or e-mail. The confirmation, the rental agreement also contains information on the amount and due date of the advance payment/down payment.

2.
It is agreed that upon conclusion of the rental agreement, the Lessee shall make a down payment of 30% (thirty percent) of the agreed total rental amount within 14 days to the account specified by the Lessor.

3.
The Lessor is free to demand advance payment of the entire agreed rental price.

4.
The Hirer undertakes to transfer the amount of the rental price in excess of a down payment to the account of the Rental Firm or to hand it over to a person designated in writing by the Rental Firm by the time the rental property is handed over. Without payment of the agreed rental price in full, the Hirer has no claim to the handover of the rental property.

5.
If the deposit/advance payment or final payment of the agreed rental price is not received on the landlord's account in the amount and at the time agreed, the landlord has the right to rent the reserved vacation apartment to other tenants and to demand compensation.

§ 4 Start and end of the rental agreement

1.
The tenant has the right to move into the rented rooms from 3 p.m. on the agreed day.

2.
The landlord has the right to withdraw from the contract in the event that the tenant does not appear by 6 p.m. on the agreed day of arrival, unless a later arrival time has been agreed in writing.

3.
If the tenant has paid the agreed deposit, the rented premises shall remain reserved until 12 noon of the following day at the latest.

4.
If a rental property is used for the first time before 6 a.m., the previous night shall count as the first rental day.

5.
The rented rooms must be vacated by the Tenant by 10 a.m. on the day of the agreed departure.

If the tenant does not vacate the rooms by 10 a.m., the landlord is entitled to demand the price for the remaining day. This does not affect the landlord's right to claim damages for failure to vacate the rented rooms on time.

§ 5 Withdrawal from the rental agreement

1.
The rental agreement shall become valid for both contracting parties if it has been accepted and confirmed in writing by the Lessor. Upon confirmation of the rental agreement by the landlord, the withdrawal and cancellation conditions become valid and are irrevocably accepted by the tenant.

2.
Cancellation declarations must always be made in writing.

3.
In the event of withdrawal from the rental contract, for whatever reason, or in the event of a "no show", it is bindingly agreed:

If the tenant does not make use of the rented vacation apartment, the tenant is obliged to pay the agreed rental price in full (excluding final cleaning).

Cancellation conditions (special agreement; deviating from the ÖHVB):
Up to 6 months before arrival 50% of the booking price
6 months to 1 month before arrival 90% of the booking price
Within the last month before arrival or no-show 100% of the booking price

In the event of non-payment of the agreed rental price, the claim for payment will be penalized.
If the vacation apartment rented by the tenant can be rented to another tenant for the booked period after receipt of the tenant's written notice of cancellation, there is no obligation to pay the agreed rental price.
If the rented vacation apartment can only be rented to other tenants on a daily basis during the booked period, the tenant is still obliged to pay the outstanding balance of the agreed rental price (excluding final cleaning) in the event of cancellation or no-show.
The Landlord expressly recommends that the Tenant takes out cancellation insurance to cover cancellation and withdrawal costs which may be incurred for any reason whatsoever and which may be asserted by the Landlord against the Tenant.

1.
The landlord has the right to withdraw from the contract in the event that the tenant does not appear by 6 pm on the agreed day of arrival, unless a later arrival time has been agreed in writing.

2.
If the tenant has paid a deposit/advance payment, the rooms shall remain reserved until 12 noon of the following day at the latest.

3.
Even if the tenant does not make use of the reserved rooms, he is obliged to pay the landlord the agreed fee (excluding final cleaning).

4.
It is incumbent on the landlord to endeavor to rent the unused rooms to another tenant in accordance with the circumstances (§ 1107 ABGB).

§ 6 Provision of substitute accommodation

1.
The landlord may provide the tenant with adequate alternative accommodation if this is reasonable for the guest, in particular because the difference is minor and objectively justified.

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

3.
It is agreed between the contracting parties that in the event of force majeure for which the landlord is not responsible, the landlord may withdraw from the contract - even at short notice - without compensation.

§ 7 Rights of the tenant

1.
By concluding a rental agreement, the tenant acquires the right to the usual use of the contractually rented rooms, the existing facilities of the vacation apartment, which are usually accessible to the tenant for use without special conditions, and to the usual service. The use of the elevator in the building is expressly at the tenant's own risk. If the tenant does not accept this agreement, he and his guests are expressly prohibited from using the elevator.

2.
The tenant has the right to be provided with the rented rooms from 3 p.m. on the agreed day.

3.
If the type and function of additional services provided by the Lessor are not available, the Lessee shall not be entitled to compensation, reduction or withdrawal.

§ 8 Obligations of the tenant

1.
The agreed fee must be paid in full at the latest upon termination of the rental agreement, unless the Lessor demands payment of the rental price beforehand in accordance with the agreement. This is possible in full. Foreign currencies are not accepted by the lessor. The rental price must be paid in full and without deduction of charges in EURO to the Lessor's specified account. The lessor is not obliged to accept non-cash means of payment such as checks, credit cards, vouchers, etc. All costs incurred in processing the booking and the associated payment transactions shall be borne by the tenant.

2.
The prior consent of the landlord must be obtained before using any electrical equipment brought by the tenants which is not part of the usual travel requirements. The tenant is liable to compensate the landlord in full for any damage caused by the use of such electrical equipment.

3.
The provisions of the law on damages apply to damage to the rented property caused by the tenant and his guests. Therefore, the tenant is liable for any damage and disadvantage suffered by the landlord or third parties 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 claim compensation directly from the landlord.

4.
The tenant acknowledges all damage to the rental property caused during the rental period that has not been previously described in writing in the vacation apartment handover protocol. The tenant is fully liable for damages caused by the tenant or his guests.

5.
The tenant and his guests undertake to comply with the house rules and existing laws and not to disturb or disturb other tenants and residents. The tenant agrees to avoid noise.

6.
Without exception, the tenant and his guests must register with the responsible local authority for the duration of their stay. The landlord can take over the registration, but even in this case the tenant and his guests remain obliged to register.

§ 9 Rights of the Landlord

1.
If the tenant refuses to make the down payment/advance payment/payment of the stipulated fee or is in arrears with it, the landlord shall be entitled to retain the items brought in to secure his claim from the rental and his expenses for the tenant. (§ 970 c ABGB statutory right of retention.)

2.
The landlord has the right of lien on the items brought in by the guest to secure the agreed remuneration. (§ 1101 ABGB statutory lien of the accommodation provider.)

3.
If the tenant requests special services that were not previously agreed, the landlord may refuse these services for operational reasons.

4.
The landlord is not bound to the usual local seasonal periods.

§ 10 Obligations of the Landlord

1.
The landlord is obliged to provide the agreed services to a standard corresponding to the tender.

2.
The Landlord may charge extra for special services over and above the agreed rental price.

3.
The agreed prices are inclusive prices.

§ 11 Liability of the Rental Firm for damages

1.
The landlord is liable for damage suffered by a tenant if the damage has occurred within the rented premises and if he or his employees are at fault.

2.
Liability for items brought in. The landlord is not liable for items and valuables brought in by the tenant.

§ 12 Keeping animals

1.
Animals - of any kind - may not be brought into the rented premises without exception! An exception must be made in advance and confirmed in writing by the Landlord.

In the event of a breach of the ban on keeping animals in the rented premises, the tenant irrevocably agrees to pay a penalty of at least 1000 euros to the landlord. This does not affect the obligation to pay compensation for damage caused by keeping animals.

3.
The tenant is liable to pay compensation to the landlord if the tenant violates this agreed ban on keeping animals.

§ 13 Prohibition of nicotine consumption (smoking) in the rented premises

1.
In the interests of the health and hygiene of all Tenants, the rented premises are deemed to be an agreed non-smoking area.

2.
The consumption of nicotine is prohibited without exception in the rented premises.

3.
In the event of a breach of the ban on nicotine or smoking in the rented premises, the tenant irrevocably agrees to pay a penalty of at least EUR 1000 to the landlord. This does not affect the obligation to pay compensation for damages caused by nicotine consumption.

§ 14 Extension of the rental agreement

An extension of the stay by the tenant requires the prior written consent of the landlord.

§ 15 Termination of the tenancy agreement

1.
If the tenancy agreement has been agreed for a specific period, it shall end on the agreed date. If the tenant leaves prematurely, the landlord is entitled to demand the full agreed fee. However, it is incumbent on the landlord to endeavor to rent the unused rooms to another tenant in accordance with the circumstances.

2.
If the tenant does not vacate the rented premises by 10 a.m., the landlord is entitled to demand the rental price for a further day.

3.
The Landlord is entitled to terminate the rental agreement with immediate effect - without compensation - if the Tenant

a)
makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unpleasant for the other tenants, guests or the landlord or commits an act against property, morality or physical safety towards the landlord and his people or a person living in the house that is punishable by law;

b)
is afflicted with a contagious disease or a disease that exceeds the term of the tenancy agreement or requires nursing care;

fails to pay the invoice presented to him/her within a reasonable period of time after being requested to do so.

§ 16 Illness or death of the tenant

If a tenant falls ill during his/her stay, the landlord shall be entitled to full reimbursement of costs from the tenant or, in the event of death, from his/her legal successor.

§ 17 Place of performance, place of jurisdiction/place of action

1.
The place of performance is the place where the rented vacation apartment is located.

2.
For all disputes arising from the rental agreement, the court with subject-matter and local jurisdiction for the landlord is agreed.

3.
Competent court and place of action: District Court Spittal/Drau, Carinthia, Austria

4.
Tenants residing outside Austria accept with the rental agreement the district court of Spittal/Drau as the competent court and place of action for tenants and landlords.

All of the above agreements shall be deemed to have been irrevocably agreed and accepted between the tenant and the landlord upon conclusion of the written rental agreement commitment by the landlord.

All contractually agreed agreements and additions or special commitments must be made in writing without exception.

Only written agreements / commitments are effective.

Other agreements: None.

If individual provisions of this contract are invalid, this shall not affect the validity of the remaining contractual agreements. Changes and errors excepted.

Contractual partner - landlord: Dr. Ansgar Römer, Neusach 107, A-9762 Weissensee