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Terms and Conditions

 

 

§ 1. SCOPE OF THE TERMS AND CONDITIONS

  1. The general terms and conditions for guest accommodation apply to “contracts for the
    rental provision of holiday apartments for accommodation, as well as all other services
    provided by the provider for the guest. The provider’s services are provided
    exclusively on the basis of these Terms and Conditions.
  2. Subletting or re-letting the holiday apartment provided, as well as using it for
    purposes other than accommodation, requires the provider’s prior written
    consent.
  3. The guest’s terms and conditions shall apply only if they have been agreed in
    advance. Deviations from these terms are effective only if the provider has
    expressly confirmed them.
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§ 2. ACCOMMODATION CONTRACT

  1. The accommodation contract is concluded when the provider confirms the
    guest’s booking request by telephone or in writing by post, email or
    fax, thereby accepting the booking.
  2. The contracting parties are the provider and the guest. If a third party has booked
    for the guest, that third party shall be liable to the provider jointly and severally with
    the guest for all obligations arising from this contract, provided the provider has
    a corresponding declaration from the third party.
  3. The guest is obliged to check the booking confirmation for accuracy. If the content
    of the booking confirmation differs from the booking request and the guest does
    not raise objections without delay, the content of the booking confirmation shall
    be deemed contractually agreed.

§ 3. SERVICES, PRICES, PAYMENT, SET-OFF

  1. The provider is obliged to keep the holiday apartment booked by the guest available
    and to provide the agreed services. The holiday apartment corresponds to the
    furnishing standard of an average rental apartment. The provider only warrants
    expressly promised features,
    but not the subjective quality of the furnishings.
  2. The guest is obliged to pay the provider’s applicable or agreed prices for the
    provision of the holiday apartment and any additional services used by the guest.
    This also applies to services and expenses incurred by the provider for third
    parties at the guest’s request.
  3. All prices include the applicable statutory VAT.
    4. The guest is obliged to provide truthful information about the number of persons
    occupying the holiday apartment. Occupancy by a higher number of persons
    requires the provider’s prior written
    consent. In this case, the price for providing
    the holiday apartment increases to the price generally charged by the provider for
    the corresponding occupancy.
  4. If the period between the conclusion of the contract and performance exceeds four
    months and the price generally charged by the provider for such services
    increases, the provider may increase the contractually agreed price
    accordingly, but by no more than 10 %.
  5. Payment of the agreed price for the provision of the holiday apartment, as well
    as any additional services agreed with the guest, is due at the latest on the day of
    arrival upon handover of the keys.
  6. The provider reserves the right to require the guest to make a reasonable
    advance payment before arrival towards the agreed price for the provision of the
    holiday apartment and the additional services agreed with the guest. If an advance
    payment is required with the booking confirmation pursuant to § 2 para. 1, it is
    due on the 8th day after the booking confirmation has been sent. If the provider
    cannot record receipt of payment by the 8th day after the booking confirmation
    has been sent, and if payment is not made even after expiry of a reasonable
    grace period set by the provider with notice of refusal,
    the provider is entitled to withdraw from the contract; the provider must notify
    the guest in writing. § 5 para. 3 shall then apply accordingly, with the proviso that the 8th day
    after the booking confirmation has been sent shall be deemed the day of cancellation,
    correspondingly applied.
  7. The provider reserves the right to require the guest to make a reasonable
    advance payment before arrival towards the agreed price for the provision of the
    holiday apartment and the additional services agreed with the guest. If an advance
    payment is required with the booking confirmation pursuant to § 2 para. 1, it is
    due on the 8th day after the booking confirmation has been sent. If the provider
    cannot record receipt of payment by the 8th day after the booking confirmation
    has been sent, and if payment is not made even after expiry of a reasonable
    grace period set by the provider with notice of refusal,
    the provider is entitled to withdraw from the contract; the provider must notify
    the guest in writing. § 5 para. 3 shall then apply accordingly, with the proviso that the 8th day
    after the booking confirmation has been sent shall be deemed the day of cancellation,
    correspondingly applied.
  8. The guest may only set off claims against a claim of the provider if the claim is
    undisputed or has been finally adjudicated.

§ 4. GENERAL RIGHTS AND OBLIGATIONS – HOUSE RULES

  1. The guest must treat the holiday apartment provided to them and its furnishings with
    care. The guest is obliged to comply with the house rules. Quiet hours apply from
    10:00 PM to 7:00 AM. During this time, special consideration must be shown to
    other residents and neighbours. TV and audio devices must be set to
    room volume.
  2. For the duration of the provision of the holiday apartment, the guest is obliged to
    switch off lights and technical devices when leaving the holiday apartment.
  3. A general smoking ban applies at Das Schusterhäusl. Smoking is only permitted on balconies
    and terraces.
  4. Attaching and/or affixing materials for decoration or similar is not permitted in the
    holiday apartment.
  5. The provider has the right to enter the holiday apartment at any time,
    in particular in the event of imminent danger. The guest’s legitimate interests must be
    appropriately taken into account when exercising the right of entry. The
    provider will inform the guest in advance about exercising the right of entry, unless
    this is unreasonable or
    impossible under the circumstances of the individual case.
  6. Keeping pets in the holiday apartment is only permitted with the provider’s prior
    written consent. Pets are not allowed on sofas
    or beds. In the event of non-compliance, a cleaning fee of €200
    will be charged.

§ 5. WITHDRAWAL/CANCELLATION

  1. Any withdrawal by the guest from the contract concluded with the provider requires
    the provider’s written consent. If this is not granted, the
    agreed price under the contract must be paid even if the customer does not
    make use of the contractual services. This does not apply in cases of
    delay in performance by the provider or impossibility of performance for which
    the provider is responsible.
  2. The guest can, without triggering payment or compensation claims by the provider
    only withdraw from the contract if the option to withdraw has been
    agreed in writing
    between the guest and the provider up to a specific date. This right of withdrawal expires if the guest does not exercise their right to
    withdrawal in writing vis-à-vis the provider by the agreed date, unless there is a
    case of delay in performance by the provider or impossibility of performance for
    which the provider is responsible.
  3. If the guest cancels no later than 60 days before arrival, the guest will receive a 90% refund.
    If the guest cancels no later than 30 days before arrival, the guest will receive a 30% refund.
    After that, no refund!
    In the event of no-show without cancellation, 100% of the overnight price is due, likewise in the event of early departure.
    Cancellations must be made in writing to the provider.
    If the holiday apartment is not used by the guest, the
    provider must offset the income from alternative letting as well as the expenses
    saved.

§ 6. LIABILITY

  1. The provider is not liable for items brought in by the guest; they are not deemed
    items brought in within the meaning of §§ 701 et seq. BGB. This also applies to valuables
    that the guest keeps and/or leaves in the holiday apartment.
  2. The guest is liable for all damage culpably caused by them, their fellow travellers or
    their visitors in the holiday apartment building, in the holiday apartment and/or to
    the furnishings. The guest is recommended
    to take out private liability insurance. The guest is obliged to notify the provider of any damage without delay
    .
  3. The guest’s claims become time-barred after six months. The provider’s claims become time-barred
    within the respective statutory limitation period.

§ 7. ARRIVAL AND DEPARTURE, KEY HANDOVER

  1. The holiday apartment will be available to the guest on the day of arrival no later
    than 4:00 PM.
  2. The guest must depart no later than 11:00 AM. If the guest is
    delayed without the provider’s consent, 100% of the overnight price will be due
    from 1:00 PM.
  3. The apartment is only deemed vacated once all keys have been handed over to the
    provider (left on the kitchen table or in the safe after departure).
  4. If a key is lost, the guest must pay compensation for replacement
    .

§ 8. DATA PROTECTION

  1. The personal data provided by the guest will not be passed on to third parties by
    the landlord unless this is necessary for the processing of the contract.