§ 1 Scope
(1) These terms and conditions apply to the rental and all other services provided by Björn Nowag for the guest as part of the holiday rental (Staudenhof Apartments)
§ 2 contractual partners
(1) The contractual partners are Björn Nowag, hereinafter referred to as the 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 ordered for other named persons. Irrespective of this, each 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 contract, down payment
(1) The accommodation contract is generally concluded when the landlord accepts the guest’s written order.
(2) It can be agreed that the guest makes a down payment.
(3) The lessor can also demand advance payment of the entire agreed fee.
§ 4 Beginning, extension and end of the accommodation
(1) The guest has the right to move into the rented rooms from 4 p.m. on the agreed day. The guest has no right to earlier provision.
(2) Booked rooms must be occupied by the guest no later than 10:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the landlord has the right to give the booked holiday apartment to someone else after 10 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the landlord has a right of withdrawal.
(3) If the guest has made a deposit of at least the price of the stay for one day, the holiday apartment remains reserved until 10 a.m. of the following day at the latest.
(4) An extension of the stay by the guest requires the consent of the landlord.
(5) On the agreed day of departure, the apartment must be vacated and made available to the landlord by 10:00 a.m. at the latest.
(6) If the accommodation contract has been agreed for a specific period of time, it ends with the passage of time. If the guest leaves early, the landlord is entitled to demand the full agreed fee.
(7) The landlord is entitled to terminate the accommodation contract with immediate effect if the guest
(a) makes significantly disadvantageous use of the premises or, through his inconsiderate, offensive or otherwise grossly indecent behavior, puts the other residents in a bad mood or commits a punishable offense against the landlord and his people against the property, morals or physical security owes power;
(b) falls ill with a contagious disease or one that exceeds the duration of the accommodation or requires care;
(c) fails to pay the invoice presented to him within a reasonable period of time upon request.
(8) If the fulfillment of the contract becomes impossible due to an event to be rated as force majeure, the contract will be dissolved.
§ 5 Withdrawal from the accommodation contract
(1) Withdrawal by the guest, cancellation
(a) In the event of a Guest's cancellation of the booking, the Owner is entitled to reasonable compensation.
(b) The landlord has the choice of claiming a cancellation fee from the guest instead of a specifically calculated compensation.
(c) The above regulations on compensation apply accordingly if the guest does not use the booked holiday apartment or the booked services without notifying them in good time:
- Can be canceled free of charge up to 2 months before arrival.
- 40% of the travel price is due up to 1 month before arrival.
- 70% of the travel price is due up to 1 week before arrival.
- In the last week before arrival, 90% of the travel price is due.
(2) Withdrawal by the Landlord
(a) If an agreed advance payment or security deposit is not made within a period set for this purpose, the lessor 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 apartment is rented with misleading or incorrect information on essential facts, e.g. B. regarding the person of the guest or the purpose; the Lessor has justified reason to assume that the use of the service may endanger the smooth operation of the business, the security or the reputation of the Lessor in public, without this being attributable to the Lessor’s sphere of control or organization; there is unauthorized subletting or subletting; the lessor becomes aware of circumstances that the guest's financial situation has deteriorated significantly after the conclusion of the contract, in particular if the guest does not settle due claims of the winery.
(c) In the aforementioned cases of withdrawal, the guest is not entitled to compensation.
(d) The landlord has the right to withdraw from the contract in the event that the guest does not appear by 10:00 p.m. on the agreed arrival date, unless a later arrival time has been agreed.
(e) If the guest has made a deposit, the holiday apartment remains reserved until 11 a.m. the following day at the latest.
(f) Even if the guest does not use the ordered holiday apartment, he is obliged to pay the landlord the agreed fee.
§ 6 Services, prices and payment
(1) The guest is obliged to pay the applicable or agreed prices of the landlord for the rooms provided and for the other services used by him. This also applies to services and expenses of the landlord to third parties caused by the guest or the customer.
(2) The prices can be changed by the landlord if the guest subsequently requests changes to the landlord's service or the length of stay of the guests, and the landlord agrees to this.
(3) Invoices from the landlord are payable immediately upon receipt without deduction. In the event of default of payment, the landlord is entitled to charge default interest. The Lessor may charge a reminder fee for each reminder sent after default has occurred.
(4) The Lessor is entitled to demand a reasonable 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
(5) The guest is obliged to pay the applicable or agreed prices of the landlord for the rooms provided and for other services used by him.
§ 7 Liability of the landlord, statute of limitations
(1) Should disruptions or defects occur in the lessor's services, 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, a claim for a reduction in the contractually agreed fee does not arise.
(2) The Lessor is liable in accordance with the statutory provisions for all damage resulting from injury to life, limb and health.
(3) The Lessor is only liable for other damage caused by slight negligence if this can be attributed to the breach of an essential contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract.
(4) In the case of other damage, the lessor's liability for each individual case of damage and all cases of damage arising from and in connection with the contractual services is limited to a maximum of EUR 1,000.00 for property damage and a maximum of EUR 500.00 for Financial losses limited. The liability limitation and exclusions do not apply if the other damage is based on an intentional or grossly negligent breach of duty by the lessor, his legal representatives or executives.
(5) 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 any 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 the assumption of a guarantee for the quality of an item or work, in the case of fraudulently concealed errors or in the event of personal injury.
(6) The landlord is liable to the guest for items brought in according to the statutory provisions, but up to a maximum of EUR 500.00. For valuables (cash, jewellery, etc.) this liability is limited to EUR 100.00. The liability claims expire if the guest does not report the loss, destruction or damage to the landlord immediately after becoming aware of it.
(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 landlord. In the event of loss or damage to motor vehicles parked or maneuvered on the lessor's property and their contents, the lessor is not liable unless the lessor, his legal representatives or his vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed from the landlord at the latest when leaving the accommodation property.
(8) Claims for damages by the guest become time-barred no later than one year from the point in time at which the guest became aware of the damage or, regardless of this knowledge, no later than two years from the point in time of the damaging event. This does not apply to liability for damage resulting from injury to life, body or health or for other damage based on an intentional and grossly negligent breach of duty by the lessor, a legal representative or vicarious agent of the lessor.
§ 8 Guest rights
(1) By concluding an accommodation contract, the guest acquires the right to the usual use of the rented rooms, the facilities of the accommodation facility, which are usually accessible to the guests for use without special conditions, and to the usual service.
(2) The guest has the right to move into the rented rooms from 3 p.m. on the agreed day.
§ 9 Obligations of the guest
(1) The agreed remaining fee is to be paid on the day of arrival. The landlord is not obliged to accept cashless means of payment such as cheques, credit cards, receipts, etc.
(2) The lessor's consent must be obtained prior to the commissioning of electrical devices brought by the guests and which are not part of the usual travel needs.
(3) The provisions of the law on damages apply to damage caused by the guest. Therefore, the guest is liable for any damage and disadvantage suffered by the landlord or third parties 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 contact the landlord directly.
§ 10 Rights of the Lessor
(1) If the guest refuses to pay the stipulated fee or is in arrears with it, the landlord has the right to retain 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.)
(2) To secure the agreed fee, the landlord has the right of lien on the items brought in by the guest. (statutory lien of the landlord)
§ 11 Liability of the landlord for damages
(1) The landlord is liable for damage suffered by a guest if the damage occurred during the operation and he or his employees are at fault.
§ 12 animal husbandry
(1) Animals may not be brought into the accommodation facility.
§ 13 Final Provisions
(1) Changes or additions to the contract, the acceptance of applications or these Terms and Conditions for Rental should be made in writing. Unilateral changes or additions by the customer are invalid.
(2) The place of performance and payment is the registered office of the lessor.
(3) For all disputes arising from the accommodation contract, the court responsible for the accommodation facility is agreed.
(4) The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is the registered office of the lessor in commercial transactions. However, the lessor is entitled to file suits and other legal proceedings at the guest’s general place of jurisdiction.
(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 Rental be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
