General terms and conditions
These general terms and conditions for the rental of apartments for accommodation purposes are based on the business relationship between the owner of the rental object, or his authorised agent, and the guest. All necessary information about the property, including the prices, can be found and read on the website of “Im 2ten Business Apartments” (subject to printing or typographical errors).
“Im 2ten Business Apartments” is authorised by the respective owner, or his authorised agent, to conclude the rental contract for accommodation purposes on behalf of the owner, or his authorised agent, with the guest, and to render services to the guest in the name of the owner, or his authorised agent, according to the terms of these rental conditions. “Im 2ten Business Apartments” acts as sole contact for the guest in connection with this contract.
2. Rental object
The owner, or his authorised agent, places the selected rental property at the disposal of the guest for temporary accommodation purposes. The rental property is fully furnished and equipped with all furniture, electrical appliances and utensils required for immediate occupation. The listed rental properties are not subject to the Austrian tenancy law (Österreichisches Mietrechtsgesetz) due to the assigned purpose as a holiday or business apartment.
3. Contract conclusion
3.1. Inquiry: Inquiries are free and without obligation. A rental request can be made at any time verbally or in writing. The owner, or his authorised agent, will provide a response with the requested information, in the form of a non-binding offer, within 72 hours.
3.2. Booking: On confirmation of the offer by the guest for a desired rental property in the requested period, a booking is implemented. The booking confirmation must be in writing. During holiday periods (Christmas, New Year, Easter…) prices and conditions may vary. In this case, the special conditions according to the offer apply. When booking, a copy of proof of identity (passport or identity card) of the guest must be provided.
3.3. Contract conclusion: The lease based on the offer takes effect upon payment for at least one month of a long-term booking, or the total amount for a booking of one month.
4. Prices and payment
4.1. Prices: The rental price is in euros and is – unless otherwise stated in the offer – based on the agreed occupancy of the rental property by a maximum of two people.
The price includes the following services:
– the use of the apartment, including all furniture and consumables;
– normal energy consumption, such as electricity, hot water, gas (in case of excessive consumption, an additional charge may be made);
– the weekly washing of the provided linens;
– the weekly cleaning of the apartment;
the provision of a key set (street door, apartment door);
the sales tax and statutory local taxes
Additional services requested by the guest (additional cleaning or extra linen) are offered separately and charged according to the contract agreement.
4.2. Price change: The owner, or his authorised agent, reserves the right to change prices and services at any time. After the customer has received a reservation confirmation with an agreed rental price, a price change is no longer possible.
4.3. Deposit: The customer will make a deposit of EUR 300.00 at the beginning of the tenancy to secure the fulfillment of the obligations of the guest from the tenancy. The deposit serves to ensure the proper maintenance of the rental property by the guest, and to cover the costs of repairing any damage (including loss of a key), as well as the settlement of open payment obligations of the guest. Upon proper return, the deposit of the rental object will be refunded. No interest will be paid on the deposit.
4.4. Payment: After payment of the first monthly rent, a monthly payment by bank transfer, by the 5th of the month, will be arranged for longer term rental. In case of late payment, default interest is 6% per month. The cost of money transactions (such as transfer fees) is borne by the guest himself. The owner, or his authorised agent, is not obliged to accept foreign currency
4.5. Fee for final cleaning: For the final cleaning, a once-only charge of EUR 100.00 will be levied to the customer.
5. Arrival/departure and change of stay
5.1. Arrival: The check-in time is agreed upon with the reservation confirmation and is possible between 16:30pm (noon) and 0.00pm. If an apartment is used before 6:00am, the previous night counts as the first night and is included in the total price. A surcharge will be levied for arrivals after 6.00pm.
5.2. Departure: At the end of the lease, the rented premises and the complete furnishings are to be returned in perfect condition. Otherwise, the deposit or a reasonable share may be retained. The customer has to return all keys, including privately obtained ones. Check-out must take place no later than 11:00am, unless otherwise agreed. The owner, or his authorised agent, is entitled to charge for an additional day if the rented apartment is not vacated on time.
5.3. Extension of the rental period: If the customer continues the use of the rental property, a new contract for the extension may be concluded. The owner, or his authorised agent, may charge a usage fee corresponding to the current price. An extension requested by the guest must be agreed with “Im 2ten Business Apartments” as soon as possible before departure.
5.4. Reduction of the rental period: If the customer uses the rental property for a shorter period than stipulated in the contract, he is not entitled to a replacement or reduction of the rent. The owner, or his authorised agent, is entitled to demand the full agreed fee.
6. Cancellation and change of booking
6.1. Cancellation: Changes or cancellations of the rental agreement will only be accepted in writing up to 30 days before the agreed arrival date. Within this period changes or cancellations are accepted free of charge. In all other cases, a cancellation fee of the amount of the monthly rent is to be paid aliquot for at least 2 weeks.
6.2. Change of booking: In principle, a change of booking is possible at any time if available. The customer must arrange the new travel period at least one month before his arrival. If, due to lack of availability of the rental property or disagreement, no new booking is made, the conditions of point 6.1. Cancellation apply.
6.3. Substitute person: Up until the beginning of the rental period, the customer can inform “Im 2ten Business Apartments” that, instead of him, a third party will enter into the rights and obligations of the rental contract (substitute tenant). The owner, or his authorised agent, is entitled to refuse the entry of the third party for personal and factual reasons. If a third party enters into the contract, the customer and the third party are jointly and severally liable for the rental price and the additional costs incurred due to the entry of the third party.
7. Duties and obligations of the guest
7.1. Duty of care: The customer is obliged to treat the apartment and the communal facilities gently and with care. The customer must use the rental property, and all furnishings, considerately and carefully, keep it in a proper and clean condition, and operate appliances such as washing machine and dishwasher correctly.
The owner, or his authorised agent, is entitled to annul the tenancy contract with immediate effect with good cause, especially if the guest:
– makes use of the apartment in a considerably disadvantageous or reckless manner, is guilty of offensive or otherwise grossly indecent behaviour toward the other residents, or is guilty of a punishable offence against the property, the morals or the physical security of these persons;
– the invoices issued are not paid within seven days of the due date.
7.2. Additional persons: The rental property may only be occupied by the number of persons registered. Additional persons may be refused or the costs charged separately. For each additional person using the property, the price per person per night agreed to in the offer applies.
7.3. Damage & disruptions:
– Damage to the building and the rented premises must be reported immediately. The customer is liable for all damages culpably caused by him or his guests during the rental period, in particular for damage caused by improper handling of equipment, negligence or intentional vandalism. Incidental costs for repair, restoration or loss of keys are to be borne by the guest.
– The tenant can derive no legal consequences from disruptions to building services such as water supply, defective gas, light, power or electricity connections, sewerage or water pipes, elevators and the like. The landlord agrees, however, to take immediate action to rectify disruptions.
– Personal belongings are not insured. The landlord is not liable for damage caused by moisture, fire, theft or similar third-party influences on objects belonging to the tenant, regardless of their nature, unless the landlord’s employees have caused this damage intentionally or through gross negligence. The tenant is advised to take out household insurance covering such damages.
– Structural changes: Structural changes by the guest, in particular alterations, fittings and installations, are expressly prohibited.
8. Acts of nature (force majeure)
8.1. Cancellation on the part of the guest: In the case of withdrawal from the contract prior to departure for reasons of unforeseeable force majeure, the customer is entitled to a free cancellation of the contract.
8.2. Cancellation on the part of the owner or authorised agent: Should the owner, or his authorised agent, withdraw from the contract for reasons of unforeseeable force majeure, the guest will have the option to withdraw from the contract free of charge and to reimbursement of payments already made, or, if the owner, or his authorised agent, is able to provide an equivalent rental property without additional cost to the guest, to rebook the rental property.
9. Passport, visa and health regulations
Depending on the nationality of the guest, and for stateless guests, differing Austrian requirements, about which the customer must inform himself at the responsible consulate, apply with regard to entry, passports, visa and health regulations. The owner, or his authorised agent, is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation.
10.1 The invalidity of individual provisions of the contract does not result in the invalidity of the entire contract. Additional ancillary agreements, amendments and addenda to this contract (including this clause) require a written agreement to be legally valid.
10.2 The landlord, or his authorised agent, may enter the rented premises during business hours subject to prior notice:
– to inspect and determine the condition of the apartment;
– to show the apartment to prospective tenants;
– to prepare and carry out construction work and any maintenance or repair work that the renter has to endure;
– for other important reasons.
– In the case of imminent danger, the landlord, or his authorised agent, is entitled to enter the apartment at any time without notice.
10.3 In the case of failure or disruption of public services (such as internet connection, cable TV, electricity), no liability can be accepted by the owner or his authorised agent.
10.4 The keeping of animals, especially domestic and small animals (such as dogs, ornamental fish, hamsters, canaries etc.) is not permitted except by prior agreement.
10.5 All rental properties are non-smoking apartments. In the case of smoking in the apartments, the tenant will be charged extra cleaning costs of at least EUR 300.00, depending on the size of the apartment.
10.6 The tenant is requested to dispose of rubbish properly in the garbage containers provided, in accordance with the house rules of the respective rental property.
10.7 The tenant acknowledges that the landlord, or his authorised agent, may carry out a quality control of the rental property at any time after prior notification. The landlord, or his authorised agent, is entitled to carry out this inspection if necessary up to once a week.
This contract is governed by Austrian law. The place of jurisdiction is Vienna.
As of 7th June, 2017