TERMS OF SERVICE
1.1. The following general terms and conditions (abbreviated as GTC) apply to all legal transactions between Albert Putz, as the owner and operator of the private rental Bergzeit Gosau, Vordertalstraße 60, 4824 Gosu, hereinafter referred to as the private landlord, and the contractual partner of the private landlord in the context of the leasing of their holiday apartments, hereinafter referred to as guest (holiday apartment transfer agreement). In the following, a guest is someone who books a holiday apartment for one or another person, someone who books a holiday apartment for themselves and others, and all users of the holiday apartment who are authorized on the basis of bookings. With the booking or with the request to reserve a holiday apartment, the guest accepts the terms and conditions as binding.
1.2. The services of the private landlords are provided exclusively on the basis of these General Terms and Conditions in the currently applicable version. Different terms and conditions of guests will only be accepted if they have been expressly agreed to in writing.
1.3. The private landlords can change the terms and conditions at any time. Existing guests will be informed. Approval to change the terms and conditions is deemed to have been granted if the guest continues to contract with the private landlord.
1.4. The contract language is German.
1.5. If these GTC stipulate the requirement for the written form, this is generally met by an e-mail.
2. BOOKING PROCESS, OFFER, CONCLUSION OF CONTRACT
2.1. All information on services and prices on the website of the private landlord and in the context of the booking process are non-binding.
2.2. A reservation/booking of a holiday apartment and thus the conclusion of a contract is possible as follows:
2.2.1. A binding booking of the accommodation is made via the website of the private landlord (by “clicking” on the “Book with obligation to pay” button), which creates the contractual relationship.
2.2.2. Booking inquiries are also possible via the website of the private tenant. The guest then receives a non-binding offer for the price and terms of payment for the use of the accommodation for a specific period of time. . This offer does not yet represent acceptance of the contract. The guest is obliged to report obvious errors in the offer and discrepancies between the inquiry and the offer immediately. The guest can then email a corresponding offer to the private landlord, which can then be accepted by the private landlord with a booking confirmation.
2.2.3. In addition, bookings can be made directly via e-mail correspondence or via external booking platforms.
2.3. The guest is obliged to fill out the fields or information provided in the forms completely and truthfully. A booking is only possible if all mandatory fields contained in the forms are filled out.
2.4. Unless otherwise stated, the guest also concludes the contract with regard to his fellow travelers in his own name and is therefore personally responsible for the fulfillment of their contractual obligations. Furthermore, there is joint and several liability for all obligations of the guest and his fellow travelers or those guests for whom he makes the booking. If a third party makes the booking for the guest, he is liable to the private landlord 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 ordered for other named persons. Irrespective of this, every orderer is obliged to forward all booking-relevant information, in particular these General Terms and Conditions, to the guest. Persons entitled to claim the accommodation are guests within the meaning of the General Terms and Conditions.
2.5. By submitting the booking/enquiry, the guest assures that he/she is older than 18 years.
2.6. The private landlords reserve the right to refuse requests without giving reasons.
3.1. The guest is obliged to pay the applicable or agreed prices of the private landlord for the holiday apartment and the other services used. This also applies to services and expenses incurred by the guest towards third parties.
3.2. Only the methods of payment offered as part of the order will be accepted.
3.3. Invoices from private landlords are due without deduction no later than 14 days before arrival.
3.4. The prices can be changed by the private landlord if the guest subsequently requests changes to the service provided by the private landlord or the length of stay of the guests, and the private landlord agrees to this.
3.5. The private landlord is entitled to demand a reasonable advance payment/deposit or security upon conclusion of the contract or thereafter. These apply as partial payment of the agreed fee.
3.6. The guest is not entitled to offset claims against the private landlord against the payment for the holiday apartment. However, this ban on compensation does not apply in the event of insolvency of the private landlord or for such counterclaims that are legally related to the present contract and which have been determined by a court or have been expressly recognized by the private landlord.
4. BEGINNING AND END OF ACCOMMODATION ALLOWANCE; GUEST OBLIGATIONS
4.1. Unless the private landlord offers a different reference time, the guest has the right to move into the booked accommodation from 3:00 p.m. on the agreed day (“arrival day”).
4.2. The guest undertakes to present the private landlord with his valid identity card or passport as well as other documents that the private landlord is required to see by law (e.g. proof of vaccination or test) upon arrival.
4.3. The booked holiday apartment must be vacated by the guest by 10:00 a.m. on the day of the agreed departure. The private landlord is entitled to charge additional amounts if the holiday home is not vacated on time. A later departure or vacating the apartment is possible subject to availability. Any request must be made by the guest at least 1 day before departure.
4.4. In the event of early departure or late arrival, the guest is not entitled to a refund.
4.5. The quiet times from 10 p.m. to 8 a.m. must be observed by the guest.
4.6. During the absence from the apartment, the guest is obliged to firmly lock all windows and doors.
4.7. The apartment may only be occupied by the persons specified by the guest.
5. WITHDRAWAL – CANCELLATION FEE
5.1. Withdrawal from the booking of the accommodation through a unilateral declaration by the guest is only possible if the following cancellation fees are paid:
up to 14 days before the agreed arrival date no cancellation fees
within 14 days before the agreed arrival date 20% of the agreed fee
on the agreed day of arrival 100% of the agreed fee
5.2. The private landlords recommend taking out travel cancellation insurance.
6. Provision of alternative accommodation
6.1. The private landlord can provide the guest with adequate alternative accommodation (of the same quality) if this is reasonable for the guest, especially if the deviation is minor and objectively justified.
6.2. A factual justification is given, for example, if the booked holiday home has become unusable, there is an overbooking or other important operational measures require this step.
7.1. The guest is liable to the private landlord for any damage caused by him or other persons attributable to him. In particular, the damage also includes those replacement services by the private landlord that they have to provide to third parties. The guest must indemnify and hold the private landlord harmless against damage caused by third parties.
7.2. At the end of the stay, the guest is obliged to return the accommodation to the private landlord in the condition in which he accepted it. Missing or non-functioning furnishings or household items are to be replaced by the guest in the form of a compensation amount.
7.3. In addition, the guest is liable for laundry, bed linen and bedding that has become unusable as a result of his or her behavior, the restoration of walls, furnishings, carpets, etc., insofar as these were soiled or damaged by persons attributable to him or her, as well as for the fact that the holiday home is damaged by behavior cannot be used by him or persons attributable to him for the days after his stay due to cleaning or repair work.
7.4. If the guest is an entrepreneur, the liability of the private landlord for slight and gross negligence is excluded. In this case, the guest bears the burden of proof for the existence of fault. Consequential damages or indirect damages as well as lost profits will not be compensated under any circumstances. In any case, the damage to be compensated is limited to the level of trust.
7.5. If the guest is a consumer, the liability of the private landlord for slight negligence, with the exception of personal injury, is excluded.
7.6. The amount of any liability of the private landlord is limited to the maximum liability insurance sum.
7.7. If the guest is provided with a parking space, this does not result in a safekeeping contract. There is no monitoring obligation of the private landlord. In the event of loss or damage to vehicles parked on the property of the private landlord and their contents, the liability of the private landlord or their vicarious agents for slight negligence, with the exception of personal injury, is excluded if the guest is a consumer. If the guest is an entrepreneur, liability is also excluded for gross negligence. Otherwise, the provisions of point 7.4 apply. – 7.6.
8.1. The presence of the guest’s pets can be booked during the booking process via the private landlord’s website as an additional service for a separate fee.
8.2. The guest who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his own expense. In addition, the guest must have appropriate animal liability insurance. Proof of the relevant insurance must be provided at the request of the private landlord.
8.3. The guest is liable to the private landlord for the damage caused to the private landlord by animals brought along. In particular, the damage also includes those replacement services by the private landlord that they have to provide to third parties. The guest must indemnify and hold the private landlord harmless against damage caused by third parties.
9. TERMINATION OF VACATION RENTAL AGREEMENT
9.1. If the accommodation contract was concluded for a specific period of time, it ends when the period has expired.
9.2. If the guest leaves early, the private landlord is entitled to demand the full agreed fee. The private landlord will deduct what they have saved as a result of non-use or what they have received through other rentals. There is only a saving if the holiday flats are fully occupied at the time the holiday flat booked by the guest is not used and the holiday flat can be rented to other guests due to the cancellation by the guest. The guest bears the burden of proof of the savings.
9.3. The contract with the private landlords ends when a guest dies.
9.4. The private landlord is entitled to terminate the contract with immediate effect for important reasons, in particular if the guest – makes a significantly disadvantageous use of the holiday apartment or the general areas – through his reckless, offensive or otherwise grossly improper behavior the other guests, the private landlord or the persons attributable to them make it difficult for them to live together or are guilty of a punishable offense against property, morals or physical safety against these persons – is affected by a contagious disease or an illness that goes beyond the duration of the accommodation or is otherwise in need of care if – the submitted invoices are not paid within a reasonable period of time (3 days) when they are due – additional people are accommodated in the holiday apartment without prior agreement; Otherwise, the private landlord is entitled to demand a reasonable surcharge for overcrowding for the duration of the non-contractual use
9.5. If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the private landlord can terminate the contract at any time without observing a notice period, provided that the contract has not already been terminated by law applies, or the private landlord is released from his obligation. Any claims for damages etc. by the guest are excluded.
10. PLACE OF PERFORMANCE, JURISDICTION AND CHOICE OF LAW
10.1. The place of fulfillment is the place where the holiday apartment is located.
10.2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law and UN sales law.
10.3. The exclusive place of jurisdiction in bilateral entrepreneurial transactions is the registered office of the private landlord, whereby the private landlord is also entitled to assert his rights at any other local and factually competent court.
10.4. If the contract was concluded with a guest who is a consumer and has his domicile or habitual abode in Austria, lawsuits against the consumer can only be brought at the domicile, habitual abode or place of employment of the consumer.
10.5. If the contract was concluded with a guest who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the place of residence of the consumer for legal action against the consumer is locally and factually competent court has exclusive jurisdiction.
11.1. Should individual provisions of these GTC be invalid or unenforceable, the validity of the rest of these GTC shall remain unaffected. In this case, the invalid or unenforceable provisions will be replaced by valid and enforceable provisions that come as close as possible to the legal and economic purpose of the replacement.
11.2. These GTC are available on the private landlord’s website. This document can also be printed out or saved. The guest can also archive the terms and conditions as well as the data of the order by either downloading the terms and conditions and saving the data summarized on the last page of the order process using the browser functions.
12. COMPLAINTS/DISPUTES RESOLUTION
The private landlord (email: email@example.com) is available for complaints. The private landlord does not participate in a system for alternative dispute resolution. The European Union has set up an online platform (“OS platform”) for the out-of-court settlement of consumer disputes. You can find the platform at: http://ec.europa.eu/odr. The private landlord is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.