General terms and conditions
1.1 These terms and conditions apply to all contracts between the tenant and the landlord, the facts about the rental of holiday apartments for accommodation and for all other services provided to the tenant in connection with the accommodation and the rental rules. With the booking or with the rental order, you accept the General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time the rental is handed over. The terms and conditions regulate the details of the contractual relationship and at the same time contain important consumer information in the legally applicable version.
1.2 Operator of the website urlaubamklopeinersee.at is:
E.V.E. property and holdings GmbH, Sonnenweg 34, 9141 Eberndorf, Austria
UID: ATU66795257, FN 368513 g
Please contact us with any questions, requests or complaints:
Phone: +43 676 9449940.
1.3 "Tenant" is any person who enters into a legal transaction for private and/or business purposes. Renting is only permitted if you are at least 18 years old.
2. CONCLUSION OF CONTRACT
2.1 A contract comes into being by the acceptance of the reservation order from the tenant condition. A reservation order is created by the tenant actively selecting one of the properties to be rented on the online platform. By following the steps indicated on the online platform by the tenant, the landlord will be notified of the rental request. Once the check has been completed, the lessor confirms receipt of the tenant's choice of hostel by sending the tenant a booking confirmation by email from the lessor. The booking offer also includes the total amount to be paid by the renter. The booking is only considered fixed once the tenant has paid for the property. This represents the legal conclusion of a contract between tenant and landlord.
2.2 With the booking confirmation, the tenant receives information about the payment and amount of the rental price, as well as information about the period of stay in the holiday apartment. With
timely receipt of the specified payment by the tenant, the rental agreement becomes legally binding for both parties. The tenant declares himself responsible for the contractual obligations of all persons traveling with him.
2.3 The contract is concluded in German.
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 service description on the Internet was carried out to the best of our knowledge and belief. However, no liability is assumed for errors that have crept in.
3.2 The rental property may only be occupied by the number of people specified in the confirmation. Children count as persons.
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. Existing rentals and the associated rental contracts and booking confirmations remain unchanged in this case. The tenant cannot derive any claims against the landlord from price changes in the meantime.
4. RENTAL PERIOD
4.1 The rental period is specified in the rental agreement. Arrival is from 3:00 p.m. and departure by 11:00 a.m. at the latest. Deviations from this are only possible after consultation with the landlord. In this case, the landlord is entitled to demand a surcharge.
5. DUE DATE AND PAYMENT
5.1 Payment is due as soon as the tenant has received a booking confirmation by email. The costs for the rented object of the landlord without a due date are to be paid immediately without deduction. Landlord is entitled to make accrued claims due at any time and to demand immediate payment.
5.2 In the event of late payment, the landlord is entitled to cancel the reservation.
5.3 The Lessor is entitled to demand a reasonable
advance payment or security deposit upon conclusion of the contract or thereafter in the event of damage to the Lessor's property by the tenant.
5.4 Payment will be made using one of the following payment methods:
- Credit card (Visa, Mastercard or American Express)
- SEPA debit
- ACH Direct Debit
- Afterpay and Clearpay
- Bac's Direct Debit
- BECS direct Debit
- WeChat Pay
6. TERMINATION OF THE CONTRACT
Both contracting parties have the right to terminate the contractual relationship in the following ways:
- Withdrawal or cancellation
- Extraordinary reasons
6.1 The tenant and the lessor are entitled to terminate the contract. The following provisions apply:
- The termination must be in writing and presented to the other contracting party to be effective.
- In the event of termination by the tenant, the termination must be received in good time (cancellation period). In the event of a dispute, the tenant must prove that the termination was communicated in writing and in good time to the landlord.
6.2 Withdrawal or cancellation of the contract causes the contractual relationship to be reversed. As a result, both contracting parties must be placed as if the contract had never existed. The following provisions apply:
- Withdrawal/cancellation of the contract by the tenant
The tenant can withdraw from the contract at any time by submitting a written declaration of withdrawal to the landlord.
- The currently valid cancellation conditions for direct bookings can be found here. These apply to the entire specified calendar year. If no current price list is available for the year of booking, the most current applies.
6.3 Withdrawal/Cancellation of the Contract by the Lessor
- If the requested advance payment is not made on time, the landlord 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 the termination of the contract
Furthermore, the landlord is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason. If force majeure or other immoral and/or unreasonable circumstances for which the lessor is not responsible, which are to be expected, make it impossible for him to fulfill the contract, the lessor is entitled to withdraw from the contract. This would be the case, for example, if a customer had booked a holiday home using misleading or false information about material facts. In addition, if the landlord has reasonable grounds to believe that the use of the accommodation services by this customer endangers the smooth running of business, the safety or the reputation of the landlord in public, the landlord can also withdraw from the contract without this affecting the power or authority .Organizational area of the landlord is to be attributed. In example:
- Disruptive Behavior
- Inclusion of additional guests (for the duration of non-contractual use, the lessor may request a reasonable surcharge for overcrowding)
- The lessor must inform the tenant immediately of the exercise of the right of withdrawal. If the lessor withdraws with justification, the tenant is not entitled to compensation.
6.4.1 Early departure or late arrival of the tenant
- In the event of early departure or late arrival, the tenant is not entitled to request a refund from the landlord due to early departure or late arrival.
7.1 The tenant is liable for personal injury and damage to property caused by himself or the persons traveling with him. This includes the loss of and damage to rented items, furnishings and items of daily use, provided that these exceed normal wear and tear when handled with care. Parents are responsible for their children. The landlord assumes no liability for theft, fire and water damage to the tenant's property.
7.2 If the keys are lost, the tenant is obliged to compensate for the costs and damage incurred as a result.
7.3 No liability is assumed for lost property. They will only be returned upon request for a fee.
8. OBLIGATIONS OF THE TENANT
8.1 The tenant undertakes to treat the holiday apartment, including all the equipment in it, with care. All damage caused by the tenant or persons traveling with him or his visitors must be reported to the landlord immediately. The damage incurred must be compensated by the tenant to the landlord.
8.2 The tenant must comply with the following house rules:
- Bringing pets is not allowed.
- The use of sleeping bags is not allowed.
- Any rubbish must be disposed of in the containers provided.
- The tenant must comply with the prescribed quiet times from 10:00 p.m. to 8:00 a.m.
- Smoking is not permitted in the holiday apartments.
- Having parties is not allowed.
8.3 When checking out, make sure that all windows and doors are firmly closed. The landlord is not liable for damage to the tenant's property in the event of burglary or theft.
8.4 The tenant must comply with the regulations that can be seen on the website.
9.1 Basically, 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 found when moving into the holiday apartment, these must be reported to the landlord immediately. If the stay is significantly impaired as a result of a defect and the landlord does not remedy the situation within a reasonable period of time, the tenant is entitled to a rent reduction or termination. The rental agreement can also be terminated if use is made considerably more difficult or endangered by force majeure such as natural disasters, fire, etc.
9.3 In this case, the rental price paid for the remainder of the rental relationship will be refunded. Further claims are excluded.
10.1 Private parking is available on site.
10.2 The parking lots are equipped with electric charging stations. Fees per KWh consumed are due and billed at the end of the stay. The currently valid prices can be found here - valid analogously to 6.2.
10.3 No liability is assumed for damage, burglary or theft of the vehicles.
11. TRAVEL CONTRACT LAW
11.1 The landlord is not a tour operator. The regulations on the right of the tour operator, including his liability, are therefore not applicable.
12. SEVERABILITY CLAUSE
12.1 Should individual provisions of the General Rental and Cancellation Conditions be or become void, ineffective, contestable or unenforceable, the remaining provisions shall remain unaffected. The parties will then endeavor to find a permissible provision that comes as close as possible to the intended regulation.
13. PLACE OF PERFORMANCE AND JURISDICTION
13.1 The place of performance for all claims arising from the tenancy is the place where the rental property is located: St. Kanzian am Klopeiner See, Austria.
13.2 The exclusive place of jurisdiction is the competent local court.
Last updated in July 2022.
Note: These "General Terms and Conditions" were automatically translated from German into English with the help of https://translate.google.com.