Deutsch[page_title]
1) Scope
Mr. Alon Abramov ( in hereinafter briefly referred to as landlord ) is sole owner of the property 1020 Vienna , Rotensterngasse 16 and rents completely furnished apartments of the on vo rgenannter property rgenannt house as vacation apartments.
The tenant recognizes with his reservation order for a this vacation apartments the objective General Terms and Conditions ( in the following briefly AGB called ) as legally binding . These terms and conditions apply without exception to all rentals of vacation apartments of the aforementioned property by the landlord.
The of the landlord to render services consist exclusively in the letting of vacation apartments of the house 1020 Vienna, Rotensterngasse 16 . It of him in contrast no beyond that services are furnished, so in particular also no services of a stranger beherbergungs – and/or hotel -unternehmens or a tour operator. Accordingly are in house 1020 Vienna, Rotensterngasse 16 also no reception or general common rooms .
2 ) Reservation and Conclusion of the contract, purpose of use of the
Rental object
The tenant can a reservation order for a of the to the letting standing vacation homes directly on the Website, which was particularly furnished for these letting, or on a corresponding other on-line – platform make . In doing so, the tenant must also indicate how many people will occupy the vacation home he wishes to rent. The landlord is it then free , this reservation order to accept ; in case of acceptance of reservation order sends the landlord the tenant a booking confirmation by e-mail, in which in particular also the amount of the rent (price ) and the concrete duration of the stay in the selected vacation apartment as well as the maximum permissible number of persons who may occupy the vacation apartment during the tenancy are confirmed. A legally-binding rental agreement comes only by , that therent ( the price ) by the tenant fully paid on time is ; only with this complete timely payment is the booking considered fixed respectively the rental agreement on the terms stated in the booking confirmation as concluded.
The subject of rent is an apartment rented by the tenant exclusively as a second home for recreational and leisure purposes. The tenant already expressly confirms in his reservation order in this context that he has his residence and thus his habitual residence at the address of the tenant stated in the reservation order. A change of the intended use by the tenant is inadmissible.
3) Rental fee, due date and payment method
The rent represents a flat rent; this includes the net rent, the proportionate operating costs , the proportionate of the property to be paid current public charges , the share of the heating supply and of the electricity supply attributable to the leased property and the value added tax in the respective statutory amount. The rental fee is promptly , after the tenant of the landlord a booking confirmation by e-mail was sent , to payment due . With a possible delay in payment the booking confirmation becomes invalid .
The payment has to be made by credit card , whereas the following credit cards are accepted by the landlord : Visa and / or Mastercard and / or American Express .
4 ) Check – in and Check – out, Receive and Return the keys , Rental period
The landlord gives the tenant more information about the check in method and their process in the booking confirmation . The tenant receives on arrival day before the earliest possible time of a check -ins by e-mail further instructions on the check – in , the the pin code to the key safe , in which the apartment key is deposited for the tenant, include . The key also locks the main entrance of the apartment building.
The check – in on arrival day is from 15:00 possible .
The tenant has before the check – in in the electronic guest register of the landlord to register .
Also with the check – out takes place no personal delivery of the vacation home.
The Check – out has to at the latest 10:00 clock of the departure day – thus the day on which the lease ends – to take place . At check-out, the tenant must return the key to the key safe and lock the key safe.
It is expressly noted that the loss of the key requires the replacement of the entire locking system, which causes considerable costs that must be borne by the tenant.
The tenancy is concluded on certain time for the in the booking confirmation indicated duration of stay and ends on last day this duration of stay , without that it for it a notice of termination requires .
5) early termination of tenancy by the tenant /
Cancellation conditions
It is the tenant permitted , the tenancy before expiry of the tenancy period prematurely to dissolve ( to cancel ) , However, the tenant in dependence at the time of the cancellation following cancellation fees to the landlord to pay are :
• By latest 14 calendar days before start of tenancy is to tenant
a free cancellation allowed .
• If the cancellation occurs less than 14 calendar days before start of the
Tenancy , is from tenant the full agreed rent for the
entire rental period to pay .
• At early termination of tenancy by the tenant , after
the tenancy has already started has – therefore before expiry of contractually
agreed rental period – , is from tenant also the entire rent for
pay the full rental period to the landlord to , if the rental property not
has become unusable for reasons for which the landlord is responsible is and
in addition, no substitute accommodation is provided in accordance with item 7 of these GTCs.
will.
A cancellation of the tenancy by the tenant must be made in writing to the landlord to . A cancellation by e-mail satisfies the writing requirement .
6) early termination of lease by the landlord
The landlord is entitled , the tenancy for important reason without notice with immediate effect to terminate , if :
• of the leased property a considerably disadvantageous use made by the tenant
becomes , whereby the conduct of a possible co-inhabitant is attributable to him ;
• the regulations of the house rules in important points or provisions of the
Lease agreement including of the present AGB persistently and / or in
important points violated by the tenant , whereby the tenant the conduct
of a possible co-inhabitant is attributable ;
• a request at bankruptcy over the assets of the tenant for lack of
cost-covering assets dismissed is .
Also a such statement of the landlord on premature dissolution of the tenancy with immediate effect vis-à-vis the tenant shall be made in writing , whereby a dispatch of a such statement by e-mail satisfies the written form requirement .
7) Provision of a substitute accommodation
The landlord is entitled , the tenant an adequate substitute accommodation in the same house in 1020 Vienna, Roten sterngasse 16 to , if this the tenant is reasonable and factually justified is . A objective justification is for example then given , if a concrete booked vacation home became unusable is , a previous tenant the renting object not in time cleared or other important reasons this measure cause .
8) Duties of tenant
• The rental object may maximum of of in of booking confirmation
specified number of persons inhabited become .
• The tenant undertakes , the rental object and the for him certain
Equipment and devices , in particular the electric lines – , water lines –
and sanitary equipment and heating s- and electrical equipment , and furthermore also
use the in the leased property located inventory carefully to . Any
Damages , occurring during the rental period , are from tenant the landlord
promptly to knowledge to ; insofar as they from the tenant or from persons
caused were , the the renting object together with him use ,
must these damages be compensated by the tenant the landlord .
• The tenant confirms , the house rules to the knowledge taken to have . He is
obligates and for it responsible , that himself he and the persons , the with him
jointly use the leased property , adhere to the house rules .
• The entrances are always locked to keep . The passing from keys
and / or door codes to third party is prohibited .
• The tenant shall the leased property in clean and hygienic condition .
Obtain .
• In entire building 1020 Vienna , Rotensterngasse 16 and accordingly also in the
Rental object itself absolute smoking ban applies.
• The bringing of pets in the rented property is without exception
prohibited.
• At the departure ( check – out) is from tenant the vacation apartment in equal good
Condition, as it had been at check -in , to leave . All windows
and doors must be locked at check-out .
• The event of parties / celebrations in the leased property is prohibited .
• It is the tenant expressly forbidden , the rental object completely or
to sublet in part or to assign the rental rights in full or in part
or the rental object otherwise in full or in part against payment or
free of charge third parties to .
9) in the rental object brought in objects
The landlord is no duty to supervision of the in the leased property brought . Also meets the landlord no liability concerning the in the rented property brought objects , so in particular not for loss , theft , damage , destruction or accident .
10) Choice of Law , Domestic Jurisdiction and Place of Jurisdiction, Place of Performance
For the legal relations of the contract parties to each other from or in connection with the present contractual relationship applies as agreed exclusively Austrian law . The application of conflict-of-law rules , which refer to foreign law , is excluded .
For all possible disputes from or in connection with the present contractual relationship applies according to agreement the domestic jurisdiction of the state Austria . Place of performance and place of jurisdiction is Vienna .