General Terms and Conditions (GTC 2021)
GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF THE
HOLIDAY APARTMENT Loft Cote Bleu
§ 1 . Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of the holiday flat for accommodation purposes as well as to all other services and deliveries of the Provider rendered to the Guest. The services of the provider are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or subletting of the holiday flat provided as well as its use for other than residential purposes require the prior written consent of the provider.
(3) The guest’s terms and conditions shall only apply if they have been agreed in advance.
Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking/booking confirmation
Please enter booking requests via the booking enquiry or send them in writing to firstname.lastname@example.org or call us.
If we are able to provide you with the desired holiday flat in the desired period, we will send you a written confirmation of the booked holiday flat as well as the invoice. The reservation for the holiday flat is legally binding upon receipt of the booking confirmation, or after payment of the deposit (see §3).
§ 3 Terms of payment
The down payment of 30% of the total amount is to be transferred to our account immediately after the booking confirmation/receipt of the invoice.
The balance is also to be transferred to our account at the latest 1 week before arrival.
For short-term bookings, the total price is to be transferred immediately after receipt of the invoice/booking confirmation.
The minimum rental period is 3/7 nights depending on the season Other requests are possible on request. We ask for your understanding that we charge a corresponding surcharge in this case.
The prices shown on the homepage are part of these terms and conditions.
In the event of late payment, we are entitled to charge the applicable statutory interest on arrears, currently 7% above the base interest rate. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of 15.00 euros to us. All other costs incurred in the course of collection shall be borne by the customer. Payment costs, in particular for bank transfers from abroad, shall be borne by the customer. All bank transfer charges are to be borne in full by the hirer, i.e. our bank account is to be credited with the full invoice amount free of charges. We only accept payments by bank transfer, currently no cash payments, EC and credit cards or cheques.
§ 4 Arrival and departure
The holiday flat is available on the day of arrival from 14:00 hrs or by arrangement. Please inform us of your expected arrival time at least 1-2 days before arrival.
Your personal holiday code for entering the flat will be sent after full payment has been made. This is valid for your entire stay.
On the day of departure, the flat must be swept clean by 09:00 or by arrangement (exception: see “Late check-out”). All used dishes must be put back in the cupboards, the rubbish bins must be emptied and the refrigerator must be cleared out.
Please throw all used towels and bed linen on a pile on the floor before departure.
Late check-out must be arranged at the time of booking- If there is no immediate subsequent booking, late check-out can still be arranged during the stay. For late check-out between 09:00 – 13:00, the late check-out option must be activated at the time of booking.
Late check-out after 18:00 will be charged at the rate of one night’s accommodation. The landlord reserves the right to charge a late check-out accordingly or to deduct it from the deposit.
§ 5 Holiday apartment
The holiday flat is handed over by the landlord in a tidy and clean condition with a complete inventory. If there are any defects or if they occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused by him to the rented property, the inventory, e.g. broken crockery, damage to the floor or furniture. This also includes the costs for lost keys.
The inventory is to be treated carefully and with care and is only intended to remain in the holiday home. The moving of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travellers. Damage caused by force majeure is excluded from this. In the event of use of the holiday flat contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., as well as non-payment of the full rent, the contract may be terminated without notice. The rent already paid remains with the landlord.
If liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address as well as the insurance number of the insurance company.
§ 6 Pets
The accommodation of pets of any kind is not permitted in the holiday flat.
Should pets nevertheless be brought along, the flat will not be rented out. Cancellation costs will be incurred as in the case of non-arrival.
§ 7 Stay
The holiday flat may only be used by the persons listed in the booking. Should the flat be used by more persons than agreed, a separate fee is to be paid for these, which is determined in the rental price. In this case, the landlord also has the right to terminate the rental contract without notice.
Subletting and transferring the flat to third parties is not permitted. The tenancy agreement may not be passed on to third parties. The tenant agrees to the general terms and conditions as well as the house rules of the holiday flats. The declaration of consent is made with the booking. In the event of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal claim to repayment of the rental fee or compensation.
If additional sports equipment, e.g. the SUB, is booked via the booking platform, the tenant is obliged to observe the proper and correct handling of the sports equipment. The lessor is not liable for any damage caused to or with the sports equipment. The renter is liable for mental physical and other damages.
We recommend a travel insurance with the addition of sports.
§ 8 Cancellation
In the event of cancellation of the rental agreement, the hirer is obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time up to the day of arrival and is calculated as follows:
up to 7 days prior to the day of arrival no cancellation fee full refund
up to 2 days before the day of arrival minus the first night’s stay plus retention of the service charge
Cancellation on the day of arrival 50% cancellation fee plus service charge.
The conclusion of a travel cancellation insurance is recommended.
§ 9 Cancellation by the landlord
In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accident or illness on the part of the hosts) as well as other circumstances for which we are not responsible making fulfilment impossible; liability is limited to reimbursement of the costs. In the event of justified withdrawal, the customer shall have no claim to compensation – no liability shall be assumed for travel and hotel costs.
Withdrawal by the lessor may be effected without notice after the commencement of the lease if the lessee disturbs other lessees on a sustained basis despite a warning or behaves in breach of the contract to such an extent that immediate cancellation of the lease is justified.
§10 Liability of the Lessor
The Lessor shall be liable within the scope of the duty of care of a prudent businessman for the proper provision of the leased property. Liability for possible failures or disturbances in water or electricity supply, southern conditions such as animals (e.g. ants, lizards) as well as events and consequences due to force majeure are hereby excluded. The landlord is not liable for items brought in by the guest.
§11 Use of Internet access via WLAN
§11.1 Permission to use internet access via WLAN
The Lessor maintains internet access via WLAN in his holiday property. He shall allow the Tenant to share use of the WLAN access to the Internet for the duration of his stay in the holiday property. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the internet access for any purpose. He shall be entitled at any time to permit other co-users for the operation of the WLAN in whole, in part or temporarily and to restrict or exclude the access of the tenant in whole, in part or temporarily if the connection is or was used in an illegal manner
or has been used, insofar as the landlord must fear a claim on account of this and cannot prevent this with usual and reasonable effort within a reasonable period of time. In particular, the landlord reserves the right, at his reasonable discretion and at any time, to block access to certain pages or services via the WLAN (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
§11.2 Access data
The use of the WLAN is secured by means of access data. The access data (login and password) may not be passed on to third parties under any circumstances. If the lessee wishes to grant third parties access to the Internet via the WLAN, this shall be subject to the prior written consent of the lessor and the acceptance of the provisions of this usage agreement by the third party, documented by signature and complete identification. The tenant undertakes to keep his access data secret. The Lessor has the right to change access codes at any time.
§11.3 Dangers of WLAN use, limitation of liability
The Hirer is informed that the WLAN only enables access to the Internet, virus protection and firewalls are not available. The data traffic established using the WLAN is not encrypted. The data may therefore be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN. The use of the WLAN is at the tenant’s own risk. The landlord accepts no liability for damage to the tenant’s digital media caused by the use of the internet access, unless the damage is caused by the use of the internet.
Landlord shall not be liable for any damage to the Tenant’s digital media caused by the use of the Internet access, unless the damage was caused by the Landlord and/or its vicarious agents intentionally or through gross negligence.
§11.4 Responsibility and release from claims
The Hirer himself/herself is responsible for the data transmitted via the WLAN, the chargeable services used via it and unactivated legal transactions. If the tenant visits chargeable Internet sites or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with the applicable law when using the WLAN. He shall in particular:
not use the WLAN to retrieve or disseminate immoral or illegal content; not unlawfully reproduce, disseminate or make accessible any copyrighted goods; this applies in particular in connection with the use of file-sharing programmes; observe the applicable youth protection regulations; not send or disseminate any harassing, defamatory or threatening content; not use the WLAN to send mass messages (spam) and/or other forms of inadmissible advertising.
The lessee shall indemnify the lessor of the holiday property against all damages and claims of third parties which are based on an illegal use of the WLAN by the lessee and/or on a breach of the present agreement; this shall also extend to costs and expenses associated with the claim or its defence. If the tenant recognises or must recognise that such an infringement of the law and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.
§12 Written form
There are no agreements other than those listed in this contract. No oral agreements have been made. The general terms and conditions are accepted with checkbox – acceptance and the booking is carried out.
Claims of the guest against the landlord become time-barred immediately.
This does not affect claims of the guest arising from injury to life, body or health as well as other claims based on an intentional or grossly negligent breach of duty by the landlord, a legal representative or vicarious agent.
§ 15. choice of law and place of jurisdiction
Austrian law shall apply.
The place of jurisdiction for legal actions of the Guest against the Lessor shall exclusively be the Lessor’s registered office (Vienna).
For legal actions of the landlord against merchants, legal persons under public or private law who do not have a general place of jurisdiction in Austria or who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought, the registered office of the landlord is agreed as the exclusive place of jurisdiction.
§16. severability clause
Should one or more provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose pursued by the invalid provision.