AGB | Heritage Boutique Apartments Bad Ischl

General terms and conditions for renting holiday apartments

§ 1 scope

These terms and conditions apply to the rental as well as all other services provided for the guest by Heritage Boutique Apartments Bad Ischl (Monika Feichtinger).

§ 2 contractual partner

Contractual partners are Heritage Boutique Apartments Bad Ischl (Monika Feichtinger) in the following landlord and the guest. If a third party makes the booking for the guest, he is liable to the landlord as the customer 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.
Persons using the accommodation are guests within the meaning of the contractual conditions.

§ 3 Conclusion of the contract, down payment

The accommodation contract is usually concluded when the landlord accepts the guest's written order.
It can be agreed that the guest pays a deposit.
The landlord can also demand advance payment of the entire agreed fee.

§ 4 start, extension and end of the accommodation

The guest has the right to move into the rented rooms from 2 p.m. on the agreed day. The guest is not entitled to earlier availability.
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, the landlord has the right to assign the booked holiday apartment to someone else after 10 p.m. without the guest being able to derive any claims for compensation. The lessor has the right to withdraw from the contract.
If the guest has paid a deposit equal to the price of the stay for one day, however, the holiday apartment remains reserved until 12 noon on the following day at the latest.
An extension of the stay by the guest requires the consent of the landlord.
On the agreed departure date, the holiday apartment must be vacated and made available to the landlord by 10:00 a.m. at the latest. 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.
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.
The landlord is entitled to terminate the accommodation contract with immediate effect if the guest
1. 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 is guilty of a punishable act against property, morality or physical safety towards the landlord and his people ;
2. becomes infected with an infectious disease or disease that exceeds the duration of the accommodation or requires care;
3. fails to pay the presented invoice upon request within a reasonable period.
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

Resignation of the guest (cancellation)
1. In the event that a guest withdraws from the booking, the landlord is entitled to appropriate compensation.
2. The landlord has the choice of claiming a flat rate cancellation fee instead of a specifically calculated compensation.
3. The above regulations on compensation apply accordingly if the guest does not use the booked holiday apartment or the booked services without notifying this in good time. The guest can cancel up to 14 days before arrival. If you cancel in the 14 days before arrival, an amount equal to the total price must be paid.
Resignation of the landlord
1. If an agreed advance payment or security deposit is not made within a period set for this, the landlord is also entitled to withdraw from the contract.
2. 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 image 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, in particular if the guest does not settle claims due by the landlord.
3. In the aforementioned cases of withdrawal, the guest has no right to compensation.
4. The landlord has the right to withdraw from the contract in the event that the guest does not appear by 10 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
5. If the guest has paid a deposit, however, the room (s) remains reserved until 12 noon the following day at the latest.
6. Even if the guest does not use the booked holiday apartment, he is obliged to pay the landlord the agreed fee.

§ 6 Services, Prices and Payment

The guest is obliged to pay the applicable or agreed prices of the landlord for the room provided and the 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.
The prices can be changed by the landlord if the guest subsequently wishes to change the landlord's services or the length of the guests' stay, and the landlord agrees to this.
Invoices from the landlord 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.
The lessor is entitled to request an appropriate 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.
The guest is obliged to pay the applicable or agreed prices of the landlord for the room provided and the other services used by him.

§ 7 Liability of the landlord, statute of limitations

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.
The landlord is liable in accordance with the statutory provisions for all damage resulting from injury to life, body and health.
The lessor is only liable for other damages caused by slight negligence if these are 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.
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 managerial staff.
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 possible claims for damages 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.
The landlord is liable to the guest for property brought in according to the statutory provisions, but 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.
If a parking space is made available to the guest, this does not result in a custody contract. There is no monitoring obligation on the part of the landlord. If vehicles parked or maneuvered on the landlord's property or their contents are lost or damaged, 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 hotel property.
Claims for damages by the guest expire at the latest after one year from the time at which the guest becomes aware of the damage, or regardless of this knowledge, at the latest after two years from the 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

By concluding an accommodation contract, the guest acquires the right to normal use of the rented rooms, the facilities of the accommodation facility that are usually accessible to guests for use without special conditions, and to normal service.
The guest has the right to move into the rented rooms from 2 p.m. on the agreed day.

§ 9 obligations of the guest

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.
The consent of the landlord must be obtained before using electrical devices that guests bring with them and that are not part of the usual travel needs.
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 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

If the guest refuses to pay the stipulated fee or if he is in arrears, the landlord has the right to withhold the items brought in to secure his claim from the accommodation and meals as well as his expenses for the guest (statutory right of retention).
In order to secure the agreed fee, the landlord has the right of lien on the objects brought in by the guest (legal lien of the landlord).

§ 11 Liability of the lessor for damage

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

Animals may only be brought into the accommodation facility with prior approval and, if necessary, for a special fee.
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

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.
The place of fulfillment and payment is the registered office of the lessor.
For all disputes arising from the accommodation contract, the factually and locally competent court for the accommodation facility is agreed.
The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the landlord in commercial transactions. However, the landlord is entitled to bring legal action and other legal proceedings to the general place of jurisdiction of the guest.
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.
The law of the Republic of Austria applies.
Should individual provisions of these general terms and conditions for the rental be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.