The following General Terms and Conditions apply to this accommodation provided by us:
The legal relationship between you as the renter and the lessors is governed by the statutory provisions and the following rental conditions, which supplement and elaborate on the statutory regulations.
By registering, each renter acknowledges these conditions as solely binding for themselves and for the persons they have registered.
**Conclusion of the Rental Agreement**
With your booking, you make a binding offer to the lessor for the conclusion of the rental agreement, whereby you are bound by your offer until written acceptance or rejection by the lessor. The electronic confirmation of receipt does not constitute a confirmation of the acceptance of the booking order. The scope and nature of the services to be provided by the lessor under the rental agreement are exclusively governed by the descriptions, illustrations, and price information valid for the travel period.
For legal reasons, the lessors generally do not provide commercial accommodation or hotel services but merely the rental of the offered property or parts thereof without ancillary services.
The correction of obvious errors, e.g., due to printing and calculation errors or assignment errors on the internet, remains reserved.
The subletting of the lessor's holiday homes is not permitted, nor is their marketing as an organizer with its own pricing.
**Payments / Travel Documents**
The rental amount for the booked rental property is payable before the start of the trip. The complete travel documents will be sent to you in good time by email, or we are happy to answer any questions you may have.
**Special Conditions and Notes**
**Local Additional Costs:** Fixed costs that must be paid in any case are included in the travel price. Variable costs that depend on the number of travelers, the composition of the travel group, or consumption (e.g., tourist tax, linen change) are partly paid to the lessor locally, depending on usage. Payment is usually made in cash. Usual consumption through normal use is included in the rental price.
If additional costs are listed in the text, they will be charged in the stated amount for children aged 6 and over. Please note the corresponding information under 'Local Additional Costs' in the individual descriptions of the rental properties. Additional costs that are not consumption-dependent must be paid upon arrival.
The lessor is entitled to demand a key deposit upon handover of the keys. This is usually deposited in cash in Euros. The key deposit will be refunded locally after the proper return of the rental property. In individual cases, the key deposit may be refunded by bank transfer after your departure. The repayment does not affect any claims for damages by the lessor.
The basic cleaning is always carried out by you as the customer, regardless of the final cleaning by the lessors.
Basic cleaning includes cleaning the kitchenette or similar, washing and putting away dishes, disposing of leftover food and all waste, stripping the beds, and sweeping all rooms so that the rental property can be handed over swept clean.
The final cleaning additionally includes, among other things, the thorough cleaning of the kitchen/kitchenette, bathroom/shower/WC, and wiping the floors.
Tea towels are provided by the lessor in some cases, but we generally recommend bringing your own. Pool and beach towels must always be brought by yourself.
Extra beds and/or cots can be provided for a fee. Bed linen for cots must usually be brought. Please note whether a cot is only provided within the advertised maximum number of people, or whether an additional person can effectively be accommodated in the rental property as a result. Cots are usually suitable for children up to 2 years of age. Extra beds and cots must always be ordered and paid for separately when booking.
In the holiday homes, crockery and cutlery are usually fully available and sufficient for the number of people booked. Technical household appliances such as ovens, microwaves, dishwashers, coffee machines, or washing machines are only available if they are explicitly mentioned in the description.
**Heating/Heating Option:** Underfloor heating is standard for the offered rental properties.
**Internet/WiFi:** If available, this is stated in the description. We do not guarantee constant availability, compatibility, and security. You must therefore ensure adequate protection of your end devices. Consumption may be limited. Internet/WiFi is regularly intended for holiday purposes and is therefore not suitable for business use or similar. The use of Internet/WiFi is at your own risk. When using Internet/WiFi, applicable law must be observed. In particular, you are obligated not to upload any data that contains materials (e.g., films, music) that are protected by copyright but are illegally distributed on the internet, e.g., via internet file-sharing platforms or similar. You are also obligated to instruct fellow travelers (including minor participants) to comply with applicable law and to carry out appropriate checks. In the event of a culpable breach of your obligations in accordance with this text "Internet/WiFi," you indemnify us against any claims from third parties arising therefrom.
If garden/terrace furniture (furniture) is mentioned in the advertisement, a garden chair is not necessarily available for every person. This also applies to sun loungers, the number of which is often limited. Sun loungers and parasols are also only available if they are mentioned in the property description.
As the renter, you have the right to use the rental property, including furniture and household items. You undertake to treat the rental property and its inventory, as well as any communal facilities, with the utmost care. You are obligated to compensate for any damage caused during the rental period by your fault or the fault of your companions and guests.
The rental property may not be occupied and used by more people than stated, booked, and confirmed on the internet pages. The stated maximum number of people also includes children and infants, unless otherwise agreed and confirmed with the lessor. In the event of over-occupancy or use by unauthorized persons, the lessor has the right to refuse or evict excess persons or to demand the pro rata rental price plus any additional costs.
The arrival time is usually between 4 PM and 10 PM on the scheduled arrival day. If you realize during your journey that you are likely to be delayed, please be sure to inform the lessor in good time. The lessor will endeavor to ensure your reception even then. Please refer to your travel documents for deviating arrival times. Arrival days deviating from the booking confirmation are not possible in a number of cases for organizational reasons. In any case, such a deviation must be requested from the lessor. If the deviation is possible, it will be confirmed in writing by the lessor.
On the departure day according to the booking confirmation, the rental property must be vacated by 10 AM at the latest and handed over to the lessor or their representative cleaned and in the same condition as upon handover. Please refer to your travel documents for deviating departure times.
**Withdrawal due to Force Majeure**
Regarding the termination of the travel contract, reference is made to the statutory provisions in the German Civil Code (BGB), which read as follows: "§ 651 j: (1) If the trip is significantly impeded, endangered, or impaired due to force majeure that was not foreseeable at the time of the conclusion of the contract, both the tour operator and the traveler can terminate the contract solely in accordance with this provision. (2) If the contract is terminated in accordance with paragraph 1, the provisions of § 651e paragraph 3 sentences 1 and 2, paragraph 4 sentence 1 shall apply. The additional costs for the return transport shall be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveler."
**Withdrawal by the Lessor**
The lessor can withdraw from the rental agreement before the start of the trip or terminate the rental agreement without observing a period of notice after the start of the trip if the traveler persistently disrupts the execution of the trip despite a warning, endangers others through their behavior, or otherwise acts contrary to the contract. In this case, the rental price is forfeited.
**Liability / Limitation of Liability**
The liability of the lessor for damages resulting from the breach of contractual obligations that are not physical injuries (i.e., do not involve injury to life, body, or health) is limited to three times the travel price, insofar as damage to the traveler was neither caused intentionally nor through gross negligence, or insofar as the lessor is solely responsible for damage incurred by the traveler due to the fault of a service provider. These maximum liability amounts apply per traveler and per trip. Any further claims under the Montreal Convention or the German Aviation Act remain unaffected by these limitations.
The statutory provisions on the liability of the lessor for physical injuries and for tortious acts also remain unaffected by the above limitations.
**Obligations to Cooperate, Assertion of Claims (Addressee, Deadline, Limitation)**
Within the scope of the statutory provisions, you are obligated to do everything reasonable to contribute to the rectification of any performance disruptions that may occur and to minimize or avoid any resulting damage. This includes, in particular, the obligation to report complaints immediately.
If you culpably fail to comply with this obligation, you will not be entitled to claims to that extent. A culpable omission does not exist, for example, if the notification of defects or the request for remedy is unreasonable, if a case of impossibility exists, or if the notification of defects or the request for remedy is omitted without fault.
In this case, contact the lessor immediately, preferably by telephone or email, so that appropriate measures can be taken to check the complaint and, if necessary, remedy the performance disruption or provide equivalent replacement.
The service providers (owners, lessors, etc.) do not have the function of a tour guide.
You can assert claims for non-contractual provision of travel services against the lessor within one month after the contractually intended end of the trip, whereby we strongly recommend written form.
Airbnb is not authorized to accept the registration of warranty and damage claims.
A prerequisite is that the rental service or the replacement services accepted by you were not provided in accordance with the contract, that you reported the defect immediately, and that adequate remedy did not occur. If the trip is significantly impaired by defects, you can terminate the travel contract. The prerequisite is usually that you have requested remedy from the lessor within a reasonable period and that this period has expired without result. Setting a deadline is not required if the remedy is impossible or if the immediate termination of the contract is justified by a special interest of the traveler.
If there is no injury to life, body, or health, the claims under §§ 651c to f of the German Civil Code (BGB) become time-barred within one year, unless the lessor or a legal representative or vicarious agent of the lessor is guilty of gross negligence or intentional breach of duty. The limitation period begins on the day following the day of the contractual end of the trip. The statutory provisions on the suspension of the statute of limitations (§§ 203 ff. BGB) also apply unreservedly in this case.
The limitation period for customer claims due to injury to life, body, or health, gross negligence, or intentional breaches of duty by the lessor, a legal representative, or a vicarious agent of the lessor shall be governed by the respective statutory provisions.
**Insurance**
Our services do not include insurance.
Private liability insurance usually also covers damage in holiday homes/apartments caused by you. We recommend that you check whether your insurance covers such damage, even abroad.
**Choice of Law, Place of Jurisdiction, Other Provisions**
**Applicable Law:** The contractual relationship between the customer and the lessor is exclusively governed by Austrian law. This also applies to the entire legal relationship. If, in the case of lawsuits brought by the customer against the lessor abroad, Austrian law is not applied to the liability of the lessor in principle, Austrian law shall exclusively apply with regard to the legal consequences, in particular regarding the nature, scope, and amount of the customer's claims.
**Place of Jurisdiction:** If the customer is a consumer with a domicile in Austria, the respective place of jurisdiction for lawsuits brought by the customer against their lessor and for lawsuits brought by the lessor against the customer shall be governed by the statutory provisions.
If the customer or contracting party of the travel contract is a merchant, a legal entity under public or private law, or a person who has their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the lawsuit is filed, Linz is agreed as the place of jurisdiction; the provisions for the dunning procedure pursuant to §§ 688 ff. of the German Code of Civil Procedure (ZPO) remain unaffected.
**Choice of Law and Place of Jurisdiction:**
The applicable law and the place of jurisdiction are determined by law and international conventions. Insofar as a choice of law is possible, the parties agree that Austrian law shall apply.
**Other Provisions:** The above conditions do not apply
– if and insofar as contractually non-derogable provisions of international agreements that are applicable to the rental agreement between the customer and the lessor provide otherwise in favor of the customer, or
– if and insofar as applicable, non-derogable provisions in the EU member state to which the customer belongs are more favorable to the customer than the above-mentioned provisions or the corresponding German regulations.
The invalidity of individual provisions of the rental agreement shall not result in the invalidity of the entire rental agreement.
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