General Terms and Conditions (GTC) 

for the rental of the vacation apartment Living 9, Kaiserweg 4, A-6344 Walchsee

 

24.02.2022

The following regulations are considered agreed upon conclusion of the contract for the vacation apartment named in the booking confirmation. 

 

Preliminary remark: The following regulations are intended to avoid misunderstandings. In general, a direct conversation usually clarifies things better than any set of rules. 

 

1. contact details (landlord) 

Vacation Apartment Living 9, Kaiserweg 4, A-6344 Walchsee 

Tel: +49 163 6342063 E-Mail: info[at]walchseeurlaub.com Homepage: www.walchseeurlaub.at

The vacation apartment Living 9 is run by: 

Pia Bhamroyal, Reventlowstr. 1, 80805 Munich, Germany

 

2. conclusion of contract (rental agreement) 

With the binding booking of the apartment through the landlady, which can be made via the Internet, in writing or by telephone, a contract is concluded, which becomes effective when all required information is available and the confirmation of the booking by the landlord by mail. 

 

3. payment of the contract price 

With the rent, the costs of the final cleaning and the tourist tax to be paid to the municipality will be charged as a lump sum. 

30 % of the basic rent and additional costs are to be paid directly after receipt of the booking confirmation, at the latest 7 working days after receipt of the booking confirmation, to the account indicated in the invoice. The remaining amount is due and payable up to 3 working days before the start of the trip. Exception is the booking via www.booking.com and www.airbnb.com - here deposit and tourist tax will be charged directly and must be paid by 3 working days. 

In the case of a short-term booking (up to 7 days before the start of the trip), the price of the trip must be transferred immediately or, as an exception, paid upon arrival by arrangement. A deposit of € 500.00 is also to be transferred to the specified account and will be returned within 2 weeks after departure to an account to be specified by you.

The tourist tax in the amount of currently € 1.90 per person (from 15 years) per night should also be paid by bank transfer if possible, in exceptional cases the amount can be paid in cash at check-in. 

 

4. occupation of the rental object (arrival) 

The rental relationship begins on the day of arrival with the takeover of the apartment from 14:00 clock and ends on the last day, unless otherwise agreed, at 10:00 clock. For the additional use of the vacation apartment on the day of departure until 18:00 clock (only after consultation and availability!) is charged with a flat rate of € 120,00.

 

5. key 

The tenant(s) is (are) on the day of arrival after presentation of the booking confirmation the keys for the rental property. 

In case of loss of a key, this must be reported immediately. The costs for the necessary replacement of the locking system are to be borne by the tenant. 

 

6. departure 

On the day of departure, the vacation apartment is to be returned to the landlord or a person authorized by him in a proper condition by 10.00 a.m., unless otherwise agreed. The costs of the final cleaning will be charged with the rent. If the apartment is not in proper condition and there is an increased need for cleaning, the additional costs will be deducted from the deposit, if necessary, after written notification by the landlord. Upon departure, doors and windows are to be closed, dishes are to be left washed. All keys are to be handed over personally. 

 

7. damages

We take care that the apartment is handed over in impeccable condition, fully equipped (kitchenware/cutlery 12, 9, 6) and without damage (scratches, stains, etc.). The tenant is obliged to inform the landlord or his representative of any damage when handing over the apartment. 

Upon departure, only the keys are handed over and the landlord or his representative can only get a rough overview of the condition of the apartment. The tenant must immediately notify the landlord of any incomplete inventory or existing or occurred defects in the rented property, otherwise the landlord is entitled to compensation claims based on this. Finally, during the cleaning, the exact control is carried out. Any defects (damage or loss of inventory) are only documented at this time. The landlord will then inform the tenant in writing about the amount of damage or loss. 

During the rental period, damage to the apartment and on the residential property or shortages of inventory must be replaced by the tenant or will be retained from the deposit. The tenant is 100% liable for any damage caused by his own fault. Parents are obliged to exercise their duty of care towards their children, otherwise there is no liability claim against the landlord. The renter assures with the conclusion of the contract to have a valid liability insurance.

 

8. persons 

The rental object will only be made available for the contractually agreed persons (number and notification by name) according to the booking. Subsequent changes require written permission from the landlord. This applies in particular to overnight stays of additional persons because of the tourist tax to be paid. In the event of violations, the landlord is entitled to expel the persons not listed in the booking from the vacation property. Otherwise, violations may give rise to any claims for damages. 

 

9. pets, smoking, noise

Bringing pets is only allowed in consultation with the landlord. This also applies to visitors of the tenants. Tenants are asked not to smoke inside the apartments. Ashtrays will be provided outside. Tenants are aware that there are other residents in the building and in the neighborhood and they should not be disturbed by noise (loud music or garbage thrown from the balcony). Parties in the apartment or on the property are prohibited. After 22:00 moderate volume on the terrace/balcony or with the door open is to be observed.

 

10. maintenance of the vacation apartment 

The tenant(s) undertake(s) to treat the rented premises including inventory with care or to protect them from any damage. In particular, objects on the terrace must be protected before leaving the apartment, sunshades must be closed, seat cushions or indoor furniture must be kept safely in the apartment. 

 

11. duties and rights of the landlord 

With the effective conclusion of the contract, the landlord is obliged to provide and hand over the rental property in accordance with the contract. If, despite all due care on the part of the landlord or due to circumstances for which the landlord is not responsible (storm disasters, fire, explosion, damage to the house, vandalism, etc.), the vacation home cannot be used by the tenant as agreed, the landlord shall be liable exclusively to the amount of the agreed and paid rent. 

If an agreed advance payment is not made within the specified period, the landlord is entitled to withdraw from the contract.

Furthermore, the landlord is entitled to withdraw from the contract if the vacation apartment is booked under misleading or false information of essential facts, e.g. in the person of the customer or purpose. The landlord has to inform the guest immediately before exercising the right of withdrawal, should the above mentioned facts arise. In the event of justified withdrawal by the lessor, the customer shall not be entitled to compensation. Payments already made will be refunded to the guest according to the cancellation regulations.

 

12. cancellation of the contract 

In case of cancellation the guest has to pay the following compensation for expenses to the landlord 

- Cancellation of the reservation up to 30 days before the beginning of the rental period: 

30% of the total price 

- Cancellation of the booking from 29th to 7th day before the beginning of the rental period: 

70% of the agreed rental price 

- Cancellation of the booking from 6th to 1 day before the beginning of the rental period: 

100 % of the rental price 

Decisive is the receipt of the written cancellation notice by the landlord (e-mail is sufficient). In the event of a cancellation and a possible and simultaneous rebooking, the tenant is liable with a lump sum for the necessary processing costs incurred in the amount of € 50,00. 

The premature departure of the tenant, which is to be indicated to the landlord, does not entitle the landlord to the assertion of claims for restitution or damages. The tenant also owes the agreed rent for this case. 

The landlord is required in good faith to rent the unused apartment to another tenant in order to avoid shortfalls.

 

13. Liability

The landlord is liable for the proper performance of the contractually agreed services. If the vacation apartment has a defect that goes beyond a mere inconvenience, the guest must immediately notify the landlord or his agent of the defect. Upon knowledge, the landlord will then endeavor to provide remedy. The guest is obligated to contribute what is reasonable to him to remedy the disturbance and to keep any possible damage to a minimum. If for this purpose or to prevent damage an inspection of the apartment by the landlord or his representative is necessary during the rental period, this is possible at any time and will be announced to the tenant in advance if possible. The landlord shall not be liable for any items brought into the apartment. 

 

14. rules of use 

The house rules for the vacation apartment and the property displayed in the vacation apartment are part of the General Terms and Conditions. 

For the possible use of internet access via WLAN, the then valid "WLAN usage rules" must also be taken into account.

 

15. Written form requirement

Any change or addition to the tenancy agreement must be made in writing in order to be effective.

 

16. place of jurisdiction, applicable law

The exclusive court for all disputes arising from the contractual relationship is Kufstein. Austrian law shall apply.