1.1 These terms and conditions (“Terms”) apply to all legal relationships, including the Accommodation Agreement, between the Host and a Party and/or Guest.
1.2 In case a Party qualifies as a Consumer the Terms shall apply to the extent they do not conflict with the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
1.3 In case of any discrepancies between any special agreements concluded between the Host and a Party the special agreement shall prevail.
“Accommodation Agreement” means the accommodation agreement entered into between the Host and the Guest, the content of which is specified in, and governed by, these Terms.
“Arrival Date” is the agreed arrival date of the Guest at the Apartment.
“Consumer” means a consumer (Verbraucher) as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
“Entrepreneur” means an entrepreneur (Unternehmer) as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz).
“Guest” means any natural person that is accommodated in the Apartment by the Host. The term Guest also includes any persons who arrive together with the Party and/or use the accommodation (e.g. family members, friends, fellow travellers) as well as visitors of Guests and any person to whom a Guest provides access to the Apartment.
“Host” is the owner of the Apartment, i.e. Nyabhotiko Miriam Pomaroli, born 1 March 1978.
“Apartment” means the apartment at the address Brigittenauer Lände 42, Top 14, 1200 Vienna, Austria, which is rented by the Party under the terms of the Accommodation Agreement.
“Party” means any domestic or foreign natural person or legal entity that enters or offers to enter into an Accommodation Agreement as a Guest or on behalf / for account of a Guest.
“Terms” is defined in point 1.1.
3.1 An Accommodation Agreement is concluded when a booking request (see point 2 below) by a Party is accepted by the Host by responding with a written booking confirmation.
3.2 A booking request of the Party qualifies as a binding offer to the Host for conclusion of an Accommodation Agreement as per the Terms and is made by the Party:
a. by clicking on the button “Book Now” after having entirely completed the online-booking process at the Host’s online booking tool (www.concept-apartments.at); or
b. by making a booking inquiry per e-mail (booking@concept-apartments.at) or orally over the phone, specifying the name of the Party, the relevant date of arrival, the duration of the stay and the relevant Apartment.
3.3 Electronic mail shall be deemed to have been received once it is possible for the intended recipient to retrieve it under normal circumstances and provided the electronic mail arrives during the business hours of the Host (weekdays between 8:00 a.m. and 7:00 p.m.).
3.4 The text of the Accommodation Agreement is not filed and/or saved by the Host and therefore not accessible.
4.1 The specified prices for accommodation and the specified cleaning fee are payable in EURO and include VAT (Umsatzsteuer) (if applicable) and local taxes (Ortstaxen), if any.
4.2 The prices, costs and fees as specified by the Host are subject to the condition that all data on the basis of which the booking was made are correct and remain unchanged. The Host is entitled to adjust prices if, following the conclusion of the Accommodation Agreement, the Party demands or otherwise causes changes to the booking.
4.3 Unless otherwise agreed, the price for accommodation (and the cleaning fee) is payable upon conclusion of the Accommodation Agreement and shall be made upfront and in full. Payments may be made by credit card, via PayPal, by transfer to the Host’s account, or as otherwise agreed. Any costs arising in connection with the relevant money transfer shall be borne by the Party. In case payment is made by bank transfer the Party shall specify the booking number when making the payment in order for the Host to be able to allocate such payment to the respective Party.
4.4 In case of any payment default (whether by negligence or not) under the Accommodation Agreement the Party shall:
a. pay default interest in the amount of 8 per cent. above the applicable base rate of the European Central Bank. The Host’s right to claim further damages arising as a result of the default, if any, shall remain unaffected.
b. bear any reasonable and documented enforcement costs.
5.1 If the parties agree that the payment of the price is not to be made upfront in full the Host is entitled to demand a down payment. The relevant provisions in point 4 hereof shall apply to such down payment mutatis mutandis.
5.2 The down payment shall be deemed an instalment of the agreed remuneration.
6.1 The Apartment shall be available to the Guest from 2:00 p.m. onwards on the Arrival Date unless otherwise agreed.
6.2 If the Apartment is made available to the Guest prior to 10:00 a.m. of a given day, the previous night shall be considered as the first night of the stay and be charged accordingly.
6.3 On the agreed departure date, the Apartment must be vacated by 10:00 a.m. at the latest. If the Guest vacates the Apartment after this time and no later check-out was agreed between the parties, the Host is entitled to charge the standard rate for an additional date.
Withdrawal by Host
7.1 The Host is entitled to withdraw from the Accommodation Agreement without a grace period if the Party has not paid the price or, where applicable, the down payment, when due. Point 3 shall apply mutatis mutandis.
Withdrawal by Party – cancellation fee
7.2 The Party may withdraw from the Accommodation Agreement until 14 days prior to the agreed Arrival Date by giving written notice thereof to the Host. No cancellation fee shall be charged in such case.
7.3 If the Party entirely or partly cancels the Accommodation Agreement at a time other than as specified in point 2 the following cancellation fee, i.e. a forfeit (Reugeld) within the meaning of Art. 909 of the Austrian Civil Code (ABGB), shall be payable for the cancelled dates:
a. In case of cancellation from 14 days to 7 days prior to the Arrival Date: 90 percent. of the full price;
b. In case of cancellation as of 7 days before the Arrival Date: 100 percent. of the full price.
8.1 The Host is entitled to provide the Party and/or Guest with an adequate alternative accommodation (of the same quality) provided that this is reasonably acceptable for the Party and/or the Guest and is objectively justified. In any event, an apartment or hotel located in the 9th or 20th (i.e. the area of the Apartment) qualifies as an adequate alternative accommodation, particularly if the differences are insignificant.
8.2 The following circumstances shall be deemed to constitute an objective justification (without limitation):
a. the Apartment has entirely or partly become unusable;
b. guests already staying at the Apartment wish to prolong their stay;
c. the Apartment is overbooked;
d. it becomes necessary to conduct important operational measures;
e. occurrence of operational interruptions (e.g. due to sickness etc.).
8.3 All costs and expenses directly arising from such alternative accommodation shall be borne by the Host. Other than that, the Party shall not be entitled to any further damage claims.
9.1 Upon conclusion of the Accommodation Agreement, the Party acquires the right to make use of the Apartment in a usual manner and the facilities which are usually accessible to Guests without any special conditions for use. The Party shall exercise its right in accordance with the applicable house rules.
9.2 Any special services (see point 2) can be arranged by the Host upon request of the Party against an additional charge. The Party has no legal claim to such services.
10.1 The shall pay the agreed price plus the cleaning fee and any additional amounts arising from the use of any special services by the Party and/or Guests plus any applicable VAT and local taxes by the departure date at the latest, if and to the extent not already done.
10.2 The Host shall not be obliged to accept foreign currencies. If the Host accepts foreign currencies, they shall be accepted at the applicable current rate, if possible. If the Host accepts foreign currencies or cashless payment, the Party shall pay any associated costs, e.g. for inquiries with credit card institutions, conversion charges etc.
10.3 The Party shall be liable towards the Host for any damages caused by themselves or Guests or any other persons that receive services of the Host with the knowledge or the intention of the Party.
10.4 The Party shall provide all necessary information and take all necessary measures required by the Host to fulfil its legal notification obligations (Meldepflichten) to the competent authorities.
10.5 The Party shall adhere to the house rules (Hausordnung) at any time.
11.1 If the Party refuses to pay the agreed remuneration or is in payment default the Host is entitled to exercise its statutory right of retention (Zurückbehaltungsrecht) in accordance with Art. 970c of the Austrian Civil Code (ABGB) as well as its statutory right of lien (Pfandrecht) in accordance with Art. 1101 of the Austrian Civil Code (ABGB) with respect to any items brought along by the Party and/or Guest. The Host is also entitled to exercise its right of retention and right of lien in order to secure its claims under the Accommodation Agreement, its claims for any special services rendered, for other expenses made for the Party and for any kind of damage claims.
12.1 The Host is obliged to provide the agreed services in accordance with its standards.
12.2 Any special, additional services provided by the Host which are subject to mandatory price marking and not included in the standard accommodation remuneration are, by way of example only:
a. additional cleaning services during the stay of the Guest, including change of bed sheets and towels;
b. forwarding any items to the Guest which were forgotten in the Apartment;
c. unless otherwise agreed, provision of baby equipment, such as baby crib, changing table and other related items.
13.1 The Host is liable for the items brought along to the Apartment by the Party and/or a Guest in accordance with Art. 970ss of the Austrian Civil Code (ABGB). The Host is only liable if the items have been handed over to the Host or any person authorised by the Host or deposited in a place assigned by the Host (or a person authorised by the Host) or a place intended for such purpose. The Host shall be liable for its own negligence and the negligence of its agents and visitors. In accordance with Art. 970 sec. 1 of the Austrian Civil Code (ABGB) the Host shall only be liable up to the amount specified in the Austrian law on the Liability of Landlords and other Entrepreneurs of 16 November 1921 as amended from time to time (Bundesgesetz über die Haftung der Gastwirte und anderer Unternehmer in der jeweils gültigen Fassung). If the Party or Guest fails to immediately comply with the Host’s request to deposit their items in a special deposit the Host shall be released from any liability. The amount of the Host’s liability is limited to the maximum amount of the insured sum under the third-party liability insurance (Haftpflichtversicherung) of the Host. Any negligence of the Party or Guest shall be taken into account.
13.2 The Host is only liable for valuables, money and securities up to a maximum amount of EUR 550.-. The Host shall only be liable for any exceeding damage if the Host has accepted such items for deposition and has been made aware of their quality or in the event the damage has been caused by itself or its agents. The limitation of liability in accordance with point 1 shall apply accordingly.
13.3 The Host may refuse to deposit valuables, money or securities if the items are significantly more valuable than those usually handed over for deposition by guests.
13.4 In any event, any liability shall be excluded if the Party and/or Guest fails to notify the Host of the occurred damage immediately upon becoming aware of its occurrence. Any damage claims must be brought to court within three years as of the point in time the Guest became aware or could have become aware of the damages, otherwise the the right shall be extinct.
13.5 In case the Party is a Consumer the Host shall not be liable for slight negligence (leichte Fahrlässigkeit), except in cases of personal injury (Personenschäden).
13.6 If the Party is an Entrepreneur the Host shall only be liable for intent (Vorsatz) and extreme gross negligence (krass grobe Fahrlässigkeit), except in cases of personal injury (Personenschäden). In such case the Party shall bear the burden of proof for culpable conduct (Verschulden) of the Host. The Host shall not be liable for any consequential or indirect damage or loss of profit.
It is not allowed to bring any animals / pets.
It is forbidden to smoke in the Apartment. In case the Party and/or Guest does not adhere to this provision, the Host is entitled to charge an additional cleaning fee in the amount of EUR 100,-.
The Host may agree to a prolongation of a Guest’s stay if the Party and/or Guest informs the Host in time of its intention to prolong. The Host is not obliged to agree to such prolongation.
17.1 If the Accommodation Agreement was concluded for a definite term (auf bestimmte Zeit abgeschlossen) it shall automatically terminate upon expiry of the agreed term.
17.2 If the Party and/or Guest departs earlier than the agreed departure date the Host shall be entitled to demand payment in full of the total agreed consideration. The Host shall deduct any amounts saved due to the non-use of services or earned from renting out the relevant Apartment to third parties (minus any additional costs incurred as a result thereof). Savings shall be deemed to have been realized only if the Apartments are fully booked at the time the Apartment booked by the Party is not used and said Apartment can be rented out to other Guests due to the Party’s cancellation. The Party shall bear the burden of proof as to the savings having been realized.
17.3 Upon the death of a Guest, the Accommodation Agreement shall terminate.
17.4 If the Accommodation Agreement was concluded for an indefinite term (auf unbestimmte Zeit abgeschlossen), either party may terminate the Accommodation Agreement 3 days by 10:00 a.m. prior to the intended termination date.
17.5 Furthermore, the Host shall have the right to terminate the Accommodation Agreement with immediate effect for important reasons in accordance with applicable laws. The following events shall constitute such important reasons (without limitation):
a. the Party fails to make a payment when due;
b. the performance of contract is rendered impossible due to force majeure, a strike or any other circumstances not attributable to the Host;
c. the Party supplies misleading or incorrect information about essential data;
d. the Apartment or parts thereof are sublet without the Host’s written consent;
e. the Party and/or Guest or any person attributable to it uses the Apartment in a substantially adverse manner;
f. the Party’s and/or Guest’s reckless, indecent or otherwise grossly improper behaviour towards the Host or any third parties at the apartment building (e.g. other residents) make their presence intolerable to said persons;
g. the Party and/or Guest contracts a contagious disease or an illness continuing beyond the agreed duration of the stay, or otherwise requires special care.
18.1 If a Guest falls ill during the stay at the Apartment the Host will arrange for medical treatment at the Guest’s costs and upon the Guest’s request. In cases of imminent danger, the Host may arrange for medical treatment at the Guest’s costs even in the absence of a specific request by the Guest, particularly if such treatment is needed and the Guest is no fit state to arrange for such treatment.
18.2 For as long as the Guest remains incapable of making decisions or the Guest’s family cannot be contacted, the Host shall arrange for medical treatment at the expense of the Guest. However, these measures of care shall continue only until such time when the Guest is capable of making decisions or the family has been informed about the illness.
18.3 The Host shall be entitled to reimbursement from the Party and/or the Guest or, in the event of the Guest’s death, from the successors and assigns, of any and all relevant expenses, including without limitation:
a. unsettled medical treatment costs, costs for ambulance transports and medication;
b. room disinfections having become necessary;
c. replacement of linen, bed sheets and bed furnishings that have become unusable or otherwise disinfection or professional cleaning of such items;
d. restauration of walls and furniture, to the extent damaged or contaminated as a result of the Guest’s illness or death;
e. rental fees for additional accommodation of the Guest in the Apartment and for any subsequent time period during which the Apartment remain unusable due to disinfection, clearing etc.;
f. any other damages incurred by the Host.
19.1 The place of performance shall be the place where the Apartment is located.
19.2 The Accommodation Agreement and/or the Terms and any non-contractual relationships in connection therewith shall be governed by Austrian law provided that the applicability of the rules of international private law and the UN Convention on Contracts for the International sale of Goods shall be excluded.
19.3 All disputes arising out of or in connection with the Accommodation Agreement shall be exclusively settled by the court competent for the twentieth district of Vienna, Austria, except that if the Accommodation Agreement was concluded with a Consumer the court of the Consumer’s place of residence having territorial and subject matter jurisdiction for actions brought against the Consumer shall have exclusive jurisdiction.
20.1 The Host shall be entitled to offset its claims against claims of the Party. Unless the Party is a Consumer, the Party shall not be entitled to offset any of its claims against claims of the Host, unless the latter is insolvent or the Party’s claim has been finally determined by the courts or acknowledged by the Host.
20.2 If any provision of the Accommodation Agreement and/or these Terms should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions thereof shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of the invalid, ineffective or unenforceable provision as regards subject-matter, extent, time, place and scope. The aforesaid shall apply mutatis mutandis to any gap in this the Accommodation Agreement and/or these Terms.
20.3 If the Party undertakes the booking for the Guest, the Party and the Guest are jointly and severally liable to the Host for all obligations arising from the Accommodation Agreement.
20.4 Any declarations (including in particular cancellations) must be received by the respective contracting party on the last day of the period/deadline (up to and including 12:00 midnight).
