General Terms and Conditions (GTC) - "Haus am rechten Fleck" Landlord: Ingeborg Mark-Frey & Jens Frey, Unterhäuser 80, 6524 Kaunertal
§ 1 scope (1) These terms and conditions apply to the rental of the holiday apartment in the "house in the right place".
§ 2 contractual partners (1) Contractual partners are Ingeborg Mark-Frey and Jens Frey, hereinafter referred to as a 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 a joint debtor for all obligations under 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) The accommodation contract is usually concluded when the landlord accepts the guest's written order. (2) It can be agreed that the guest pays a deposit. (3) The lessor can also request advance payment of the entire agreed fee.
§ 4 Beginning, extension, and end of 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) Booked rooms must be used by the guest by 10:00 p.m. on the agreed arrival date at the latest unless a later arrival time has been expressly agreed. (3) An extension of the guest's stay requires the consent of the landlord. (4) On the agreed departure date, the holiday apartment must be vacated and made available to the landlord no later than 10:00 a.m. Thereafter, the landlord can charge up to 100% of the full valid accommodation price for the additional use of the holiday home in addition to the damage he incurs. (5) The landlord is entitled to dissolve the accommodation contract with immediate effect if the guest (a) makes a significantly disadvantageous use of the premises or if his inconsiderate, offensive or otherwise grossly improper behavior prevents the other roommates from living together or opposes them Makes the landlord and his people guilty of a punishable act against property, morality or physical safety; (b) fails to pay the presented invoice upon request within a reasonable period. (6) 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) Withdrawal by the guest, cancellation (a) In the event of a guest withdrawing from the booking, the landlord is entitled to appropriate compensation. (b) The above regulations on compensation apply accordingly if the guest does not make use of the booked holiday home without notifying this in good time.
free of charge if canceled up to 30 days before arrival for cancellation
up to 7 days in advance 30%
50% for cancellations less than 7 days before arrival.
100% in the event of a no-show
(2) Cancellation by the landlord (a) If an agreed advance payment or security deposit is not made within a deadline set for this, the landlord 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 circumstances have worsened significantly after the conclusion of the contract, especially if the guest does not settle due claims. (c) In the aforementioned cases of withdrawal, the guest is not entitled to compensation. (d) 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 prices agreed for the provision of rooms. (2) The prices can be changed by the landlord if the guest subsequently requests changes to the landlord's services or the length of stay of the guests, and the landlord agrees. (3) The lessor's invoices are payable immediately upon receipt without deduction.
§ 7 data protection The tenant agrees that necessary personal data will be stored, changed, and/or deleted as part of the contract concluded with him. All personal data is treated with absolute confidentiality.
§ 8 Liability (1) Should disruptions or deficiencies in the lessor's services occur, the lessor will endeavor to remedy the situation if the customer complains immediately. 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) We are not liable for any influence on the rental property through force majeure, customary electricity and water failures, and storms. (3) Likewise, there is no liability for unforeseeable or unavoidable circumstances such as official order, sudden construction site, or for disturbances due to natural and local conditions. (4) The liability of the lessor for the use of the play and sports equipment provided is excluded. (5) The arrival and departure of the tenant is at his own responsibility and liability. (6) The landlord is not liable for personal items in the event of theft or fire. (7) The tenant is fully liable for willful destruction or damage.
§ 9 Rights of the guest (1) By concluding an accommodation contract, the guest acquires the right to normal use of the rented rooms. (2) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
§ 10 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) For the damage caused by the guest, the provisions of the law on damages apply. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third party through their fault or through the fault of their companions or other persons for whom they are responsible.
§ 11 Rights of the landlord (1) If the guest refuses to pay the stipulated fee or if he is in arrears, the landlord has the right to secure his claim for accommodation and meals as well as his expenses for the guest, the items brought to withhold. (Legal 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)
§ 12 Animal husbandry (1) Animals may only be brought into the accommodation facility 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) Photos and text on the website or in the flyer are used for realistic descriptions. A 100 percent match with the rental property cannot be guaranteed. The landlord reserves the right to change the equipment (e.g. furniture) provided they are equivalent. (2) 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. (3) The place of fulfillment and payment is the registered office of the lessor. (4) For all disputes arising from the accommodation contract, the competent court for the accommodation facility is agreed upon. (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.
