General terms and conditions

 

February 2020

Content

I. Scope

II. Definitions, subject matter and parties to the contract

III. Conditions of use, registration and conclusion of contract

IV. Photo service

V. Deposit and rent management

VI. Remuneration, payment, advance payment and penalty

VII. Extension of the exisiting contract, follow-up contract

VIII. Duties of the lessor

IX. Duties of the lessee

X. Right of withdrawal (right of revocation) for consumers

XI. Consequeneces of the rescission

XII. Withdrawal form

XIII. Liability, warranty default

Warranty

Default

XIV. Termination of contract

XV. Electronic communication

XVI. Applicable law, legal venue

 

 

 

 

I. Scope

 

1. These general terms and conditions replace all previously valid general terms and conditions from the date of their applicability on 03.02.2020. You can download the general terms and conditions here as a PDF file.

2. Deviating provisions, even if contained in the user's general terms and conditions of business, shall not apply unless expressly in writing. General terms and conditions of the user are expressly contradicted. A further objection to the user's general terms and conditions of business is not required.

3. Individual agreements expressly made in writing which deviate from these General Terms and Conditions of Business shall take precedence over these General Terms and Conditions of Business in the respective areas which are regulated differently. Otherwise, the present General Terms and Conditions of Business shall also apply to individual agreements, unless their partial or total exclusion has been expressly agreed upon in writing.

4. These General Terms and Conditions of Business expressly do not apply to data protection aspects. Our data protection information can be found at kurzzeitmiete.at/data protection information. For further questions or information about data protection, please contact us by

Email to office@kurzzeitmiete.at or letter to kurzzeitmiete.at GmbH, Sonnenweg 4, 5204 Straßwalchen or contact us by phone at +43 662 23 10 55.

 

 

 

 

II. Definitions, subject matter and parties to the contract

 

1. kurzzeitmiete.at GmbH (hereafter referred to as "Operator") operates an online portal on the website kurzzeitmiete.at, which links providers of living space for short-term rental (hereafter referred to as "Lessor" or "user") and persons interested in the temporary rental of living space (hereafter referred to as "Lessee" or "user") with each other and enables registered persons to contact each other for the purpose of establishing an existing relationship. In addition, the Operator offers general services and support services in the context of the use of the online portal, as well as services related to the provision of accommodation, which are explained in more detail below.

2. Subject of the contract with the Operator is the use of the online portal kurzzeitmiete.at for the procurement of living space and the provision of further services of the Operator, which may be used by the user and which are connected with the procurement service via the online portal.

3. The registered Lessor has created a personal account via the Operator's online portal in order to publish existing properties for the purpose of attracting Lessees and to rent them out via the online portal. The Operator's online portal offers the Lessee the opportunity to find suitable living space for his purposes and needs and to rent it after registration and contacting the Lessor.

4. The Operator always acts only as an intermediary between the Lessor and Lessee. The mediated agreements/contracts about the living space are exclusively between the Lessor and the Lessee at the respectively agreed conditions. The living spaces themselves and related announcements, statements, declarations and services of the Lessor or Lessee are therefore in no case subject matter of the contract in the relationship between Lessee and Operator or Lessor and Operator.

 

 

 

III. Conditions of use, registration and conclusion of contract

 

1. In order to be able to use the services of the Operator to the full extent, a registration on kurzzeitmiete.at is necessary. The Operator is entitled to change the technical equipment used for the provision of his services at his own discretion, if neither an impairment of the services nor the rights of the users can be expected.

2. With the registration by entering the data provided in the input mask and clicking the "Register" button, a user account is created. In order to activate the account, a confirmation via the e-mail address provided is necessary. After completing the registration via the website, a link for activating the account, as well as the contract data and general terms and conditions will be sent to the e-mail address provided.

3. By completing the registration process, the user accepts the conditions according to the summarized contract data and general terms and conditions. The contract between the Operator and the User is concluded on the basis of this contract data and the present General Terms and Conditions by the acceptance of the contractual declaration of the User by the Operator.

4. The registered Lessor has the possibility to offer one or more existing properties for rent via the online portal kurzzeitmiete.at.

5. The registered Lessee has the possibility to conclude a lease with the Lessor via the lease contract deposited in the online portal.

 

 

 

IV. Photo service

 

1. The Operator offers in selected cities as an additional service for Lessors a professional photo shooting of the existing property to be advertised on the online portal.

2. If the Lessor uses the photo service offered by the Operator, costs in the total amount of € 150,00 plus VAT are incurred as soon as the photographed property is brokered via the Operator's online platform or rented out by circumventing the Operator's claims. Payment is made by deduction from the first month's rent in the case of brokerage via the online platform.

3. A photo appointment confirmed by the Lessor can be cancelled by the Lessor or the Operator at the latest 24 hours before the agreed appointment without any disadvantageous consequences.

4. In case of a cancellation of an appointment not in due time, the non-appearance at the appointment or a delay of the Lessor of more than 15 minutes, the Lessor has to pay the costs of the photo appointment, less possible saved expenses, in full.

5. The Lessor will be provided with the photos of the existing object exclusively with watermark. The Lessor undertakes to use all photos provided exclusively by himself and to use the watermark and the copyright. Any violation of this obligation shall result in a penalty of € 500.00.

6. The Operator is permitted to use the photographs or parts thereof taken of the object free of charge, with or without reference to the existing or terminated business relationship with the photographer and/or the person entitled to dispose of the photographed object, without any restrictions in terms of time and space, for his own advertising and marketing purposes on his own website, in print and online media, advertising folders, social networks and in advertising videos on the Internet and TV.

 

 

 

V. Deposit and rent management

 

1. The Operator supports the Lessor in the management of the deposit and the acquisition of the rent through appropriate efforts in direct contact with the Lessee by monitoring and processing payments under the following conditions:

1.1 The deposit is fixed at one gross monthly rent and is to be deposited by the Lessee with the Operator at least 7 days before the beginning of the lease.

1.2 The first payment of rent by the Lessee must be received by the Operator at least seven days before the start of the lease. Any further rent payments by the Lessee must be received by the Operator at least seven days before the beginning of the month for which the rent is due.

1.3 If the remaining rental period is less than one calendar month, the partial amount is invoiced with the last rental payment to be paid for a full calendar month and must be deposited with the Operator at the same time.

1.4 The handing over of the keys by the Lessor to the Lessee will only take place after the Operator has confirmed receipt of the deposit.

1.5 All payments are handled exclusively by the Operator, so that the Operator is aware of every actual payment flow.

2. If the Lessee does not make use of the existing property without justification (no show), the deposit paid in advance less any savings and the rent received due to the duty to minimise damages by renting the property elsewhere will be paid out to the Lessor. In addition, the Operator will contact the Lessee directly in order to find an amicable solution taking into account the loss of rent of the Lessor.

3. The Operator will forward the rent payments received from the Lessee to the Lessor 14 days after the date of collection.

4. Damages are to be documented by the Lessor under proof of the condition of the rental property before the respective rental and the amount is to be proven by at least two independent cost estimates. The Operator will pay out the deposit in the appropriate amount to the Lessor and return any remaining amount to the Lessee if all requirements are met.

5. If the Lessor does not inform the Operator of any damage to the rented object within 5 days after the end of the rental period, the deposit will be returned to the Lessee in full 14 days after the end of the rental period.

 

 

 

VI. Remuneration, payment, advance payment and penalty

 

1. The Operator's claim for payment arises with the binding confirmation of the rental offer by the Lessee.

2. The agency fee (Operator fee) to be paid by the Lessee amounts to 20% of the flat-rate rent to be paid for the entire duration of the contract plus the statutory charges and is payable before the contract is transmitted by payment by credit card or immediate transfer.

The calculation basis for the operating fee to be paid by the Lessee is the flat-rate rent offered by the Lessor. A subsequent reduction of the lump-sum rent or a subsequent shortening of the contract period has no influence on the calculation basis.

3. Upon the coming into existence of the existing tenancy or an equivalent usage agreement or the transfer of residential space, the Lessor shall pay a service fee of 2.5% of the flat-rate rent payable for the entire term of the contract plus statutory charges. The payment is made by deduction from the first monthly rent.

The calculation basis for the service fee to be paid by the Lessor is the flat-rate rent offered by the Lessor. A subsequent reduction of the lump-sum rent or a subsequent shortening of the contract period has no influence on the calculation basis.

4. If a contract for the use of the property or an equivalent agreement for use or the provision of living space was initiated using the online portal or the merit of the Operator, but was concluded or processed by circumventing the fees to which the Operator is entitled, Lessor and Lessee are obliged to pay a penalty of € 5,000.00 undivided.

5. If the contractual relationship initiated by the Lessee and Lessor via the Operator's online portal is subject to the partial or full application of the MRG and thus limited to at least 3 years or in an unlimited existing relationship, the Operator is entitled to an advance payment from the Lessor in the amount of 120% of the flat rate rent offered by the Lessor on the online portal in connection with the initiation of the existing relationship without seasonal and personal supplements.

6. A dissolution or premature termination of the existing relationship has no effect on the amount of the commission due to the Operator.

7. The Operator settles due fees with an online invoice to the user. The deadline for payment of the invoice amount can be found on the respective invoice.

8. Only payment by bank transfer or, in the case of short-term rentals, by credit card is accepted as a method of payment for the rentals. The renter's operating fee can only be paid by credit card or immediate bank transfer. If there are less than 14 days between the binding agreement between the Lessor and the Lessee and the date of occupancy, the Lessee shall pay the deposit simultaneously with the Operator's fee by credit card or immediate bank transfer. If there are more than 14 days between the binding agreement between Lessor and Lessee and the move-in date, the Lessee must pay the deposit by bank transfer..

 

 

 

VII. Extension of the existing contract, follow-up contract

 

1. Each extension of the contract or an equivalent agreement of use or transfer of living space between Lessee and Lessor shall be deemed to be a new conclusion of contract with regard to the fees due to the Operator, for which a new fee shall be paid in each case.

For contracts or equivalent agreements of use or the provision of living space, which the Lessor and Lessee conclude immediately after the contract already concluded or without close temporal proximity, a new fee is to be paid in each case.

 

 

 

VIII. Duties of the Lessor

 

1. The Lessor undertakes to offer exclusively existing properties via the Operator's online portal, over which he is actually entitled to dispose.

2. The Lessor undertakes to check the legal requirements for the permissibility of the letting before the letting at his own expense and risk and to independently fulfil related legal obligations in order to ensure a legally compliant letting.

3. The Lessor assures the accuracy and completeness of all data provided. If data change, the Lessor has to update them immediately. Furthermore, the Lessor is obliged to provide true and accurate descriptions of the existing property online.

4. The Lessor is not allowed to publish the address of the existing property, its exact residential or Internet address, as well as clear references to its natural or legal person on the online portal. The Operator reserves the right to delete unlawfully published information directly.

5. The Lessor is obliged to keep the occupancy calendar always up to date.

6. The Lessor is obliged to offer each existing property exclusively at a flat rate rent. The lump-sum rent shall include all operating costs in connection with the existing property and any common rooms. Any additional services that are not part of the operating costs, such as bicycle rental, cleaning, washing and ironing services, shopping services, etc. must be shown separately and invoiced by the Lessor.

7. If the Operator becomes aware of a violation of points VIII. 1. to VIII. 6., he shall request the Lessor to establish a proper and legally compliant condition, if this is possible. If the Lessor does not or not completely fulfil this obligation despite a written request by the Operator within a reasonable period of time set by the Operator, or if it is not possible to create a proper or legally compliant condition, the Operator is entitled to immediately dissolve the contract and remove all Lessor and existing property data from the online portal. Furthermore, the Operator is entitled to immediately deactivate the existing property and/or the Lessor.

If the Lessor repeatedly violates an obligation according to VIII.1. to VIII.6., the Operator is entitled to terminate the contract immediately and to remove all Lessor and existing property data from the online portal without further notice.

8. In the event of a contract extension and/or follow-up business due to the brokerage by the Operator, the Lessor undertakes to notify the Operator of the contract extension and/or the follow-up business within three days after conclusion of the contract with the Lessee.

If the Lessor violates this obligation, the Operator is entitled to claim the penalty according to point VI. 4. in the amount of € 5,000.00 and/or immediate termination of the contract.

In justified cases of suspicion of circumvention of this provision, the Lessor undertakes to make it plausible to the Operator that the Lessee or the existing relationship was not mediated via kurzzeitmiete.at.

9. If the Lessor uses the Operator's photo service, he undertakes to use all photographs provided exclusively himself and to use the watermark and the copyright. Each violation of this obligation entitles the Operator to assert a penalty at the amount of € 500.00.

10. The responsible handling of personal data as well as the assurance of the highest possible data security level for the protection of personal data must always be guaranteed for all users of the online portal. The Lessor therefore undertakes to process all personal data received in the course of using the online portal in compliance with the constitutionally anchored basic right to data protection and the highest possible level of privacy of all persons concerned.

11. The Lessor is obliged to treat the passwords required for the use of the online portal confidentially and to keep them safe.

12. Malfunctions are to be reported immediately at office@kurzzeitmiete.at or by telephone at +43 662 23 10 55.

13. The Lessor is obliged to store data required for whatever reason on a storage medium independent of his account on the Operator's online portal.

 

 

 

IX. Duties of the Lessee

 

1. In the event of contract extension and/or follow-up business due to the mediation by the Operator, the Lessee undertakes to notify the Operator of the contract extension and/or follow-up business before the conclusion of the contract with the Lessor.

If the Lessee violates this obligation, the Operator is entitled to claim the penalty according to Point VII. 4. in the amount of € 5,000.00 and/or immediate termination of the contract.

In justified cases of suspicion of circumvention of this provision, the Lessee undertakes to make it plausible to the Operator that the existing property was not brokered via kurzzeitmiete.at.

2. The Lessee undertakes to pass on the contact details of Lessors exclusively to those persons who are necessarily involved in the fulfilment and processing of the contractual relationship. If the Lessee passes on Lessor data to third parties contrary to this provision, the Operator is entitled to claim a penalty at the amount of € 5,000.00.

3. If the Lessee violates his obligations according to point IX. 1 and/or IX. 2., the Operator is entitled to terminate the contract immediately. In addition, the Operator is entitled to immediately render the Lessee inactive or to remove the Lessee's data from the online portal.

4. The responsible handling of personal data as well as ensuring the highest possible level of data security for the protection of personal data shall always be guaranteed for all users of the online portal. The Lessee therefore undertakes to process all personal data received in the course of using the online portal in compliance with the constitutionally anchored basic right to data protection and the highest possible level of privacy of all persons concerned.

5. The Lessee is obliged to treat the passwords required for the use of the online portal confidentially and to keep them safe.

6. Malfunctions are to be reported immediately at office@kurzzeitmiete.at or by telephone at +43 662 23 10 55.

7. The Lessee is obliged to store data required for whatever reason on a storage medium independent of his account on the Operator's online portal.

 

 

 

X. Right of withdrawal (right of revocation) for consumers

 

1. If the user is a consumer, he has the right to withdraw from the contract concluded with the Operator within 14 days without giving reasons.

2. The withdrawal period begins on the day on which the User has concluded the contract with the Operator.

3. If the User expressly requests that the provision of services should begin during the withdrawal period, there is still a right of withdrawal within the meaning of this provision. However, the User is obliged to pay the costs incurred for the provision of the service until the withdrawal.

If, at the express request of the User, the service has been commenced before the end of the withdrawal period and the service has been provided in full, the right of withdrawal shall not apply.

4. To exercise the right of withdrawal, the User must provide the Operator with a clear declaration of withdrawal from the contract. The sample form can be used for this.

The resignation can be beyond that

by letter: kurzzeitmiete.at GmbH, Sonnenweg 4, 5204 Straßwalchen, Austria

by telephone: +43 662 23 10 55 (Austrian fixed network number, fee depending on tariff)

by e-mail: office@kurzzeitmiete.at

or in any other way in writing or verbally.

5. After receipt of the withdrawal form, a withdrawal by e-mail or letter as well as after withdrawal by telephone, the user will immediately receive a written confirmation of receipt of the withdrawal.

6. It is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period in order to comply with the withdrawal period.

 

 

 

 

XI. Consequences of the rescission

 

If the Operator has started to provide the service at the express request of the user during the withdrawal period, the user is obliged to pay the proportionate costs incurred until then for the provision of the service.

 

 

 

XII. Withdrawal form

 

(If you want to cancel the contract, you can fill out this form and send it to the Operator)

To

kurzzeitmiete.at GmbH

Sonnenweg 4

5204 Straßwalchen

Austria

e-mail: office@kurzzeitmiete.at

 

 

I hereby revoke the contract concluded by me for the provision of the following service (*)

 

…………………………………………………………………………………………………………………………………..

 

 

Ordered on (*)/received on (*)

 

…………………………………………………………………………………………………………………………………..

 

 

Last name, first name of consumer

 

…………………………………………………………………………………………………………………………………..

 

 

Address of the consumer

 

…………………………………………………………………………………………………………………………………..

 

 

Signature of the consumer (only for communication on paper)

 

…………………………………………………………………

 

Date

……………………………………………

(*) Delete as applicable

 

 

 

XIII. Liability, warranty, default

 

1. The Operator always acts exclusively as an intermediary between Lessor and Lessee. In the relationship between Lessor and Lessee, the Operator is exempt from all claims regardless of their basis and claims are settled directly between Lessor and Lessee. The Operator is not liable for announcements, statements and services of the Lessor or Lessee, nor for performance disruptions or damages for which the Lessor or Lessee is responsible, nor for other claims.

2. If the Lessee or Lessor exercises a legal or a contractually granted right of withdrawal, right to cancellation or other right that leads to the repayment of the rent, the Operator's claim for payment remains undiminished. A reimbursement of the Operator's fee for reasons arising from the relationship between Lessor and Lessee is excluded. In the event that the Lessor exercises a right leading to a proportional or full reimbursement of the rent, the Lessee shall pay any proportional or full rent due to the Lessor from his own resources.

3. The Operator is not liable for damages resulting from breaches of duty by the Lessor or Lessee. If the Lessor and/or Lessee do not fulfil their obligations to the intended extent, the services provided by the Operator are considered to be in accordance with the contract despite possible restrictions.

4. The Operator is not liable for legal violations set by the Lessor or Lessee. Furthermore, there is no liability of the Operator for information provided on the website by users.

5. The Operator is not liable for contracts of inventory that are changed, supplemented or independently created by the user.

6. If a consumer business exists, the legal liability, compensation and warranty provisions apply in the relationship between the Operator and user. The provisions according to point XIII. 1. to XIII. 5. also apply without restriction to consumer transactions.

7. If there is a mutual business-related transaction, the Operator, his employees, contractors or other vicarious agents ("people") are only liable for property damage or financial losses in cases of gross negligence. The existence of gross negligence must be proven by the user.

8. If a bilateral business-related transaction exists, the liability of the Operator for indirect damages - such as loss of profit, claims of third parties, etc. - is expressly excluded.

9. If a bilateral business-related transaction exists, the User's claims for damages shall expire six months after knowledge of the damage, but in any case after three years from the Operator's act of infringement.

10. In the event of a transaction involving both parties to the contract, the right of the user to contest the error is excluded, except in the case of gross negligence.

11. If a bilateral business-related transaction exists, a set-off against claims of the Operator with counterclaims of any kind is excluded.

12. If and as long as the Operator is unable to fulfil its obligations due to force majeure, or is unable to fulfil them properly, this does not constitute a breach of contract and the Operator is not liable for any damages in connection therewith.

13. Data protection-juridical claim bases are not covered by the preceding liability regulations expressly.

 

 

 

Warranty

 

1. In the case of a bilateral business-related transaction, the warranty period shall be six months from the date of performance. The right of recourse against the Operator according to § 933b para. 1 ABGB expires one year after performance for entrepreneurs in the case of business-related transactions.

2. If a bilateral business-related transaction exists, the user is not entitled to withhold payments due to warranty claims. The presumption regulation of § 924 ABGB is excluded.

 

 

 

Default

 

1. In case of default of payment, the default interest rate for consumers is 4% and for entrepreneurs 9.2% above the base rate. The Operator reserves the right to claim higher (default) damages from the user.

2. If the User is a consumer, the Operator is entitled to claim the costs of appropriate legal action in connection with the collection of claims from the consumer.

If the User is an entrepreneur, the Operator is entitled to charge a reminder fee of at least € 40.00 or the actual costs incurred for each reminder after the occurrence of default.

The assertion of further rights and claims remains unaffected by this, both towards consumers and entrepreneurs.

3. In case of default of payment of the User, the Operator can invoice all services and partial services, also within the scope of other contracts concluded with the User, with immediate maturity.

4. If the Lessor is more than 30 days in arrears with his payment obligation, the Operator is entitled to render the existing property and/or the Lessor inactive.

 

 

 

XIV. Termination of contract

 

1. The contractual relationship can be terminated by the user at any time without giving reasons. The obligation to pay for services already partially or completely provided by the Operator remains unaffected by the termination of the contract.

2. The Operator is entitled to terminate the contractual relationship in the event of breaches of duty against point VIII. 1 to VIII. 6. if the Lessor does not or not completely fulfil his obligation despite a written request by the Operator within a reasonable period of time set by the Operator, or if the establishment of a proper or legally compliant state is not possible. Furthermore, in such cases the Operator is entitled to immediately remove all Lessor and property data from the online portal. Furthermore, the Operator is entitled to immediately deactivate the existing property and/or the Lessor.

If the Lessor repeatedly violates an obligation that applies to him according to points VIII. 1. to VIII. 6., the Operator is entitled to immediately terminate the contract and remove all Lessor or object data from the online portal without further request.

 

 

 

XV. Electronic communication

 

The user and the persons authorised to represent him/her are expressly in agreement with the establishment of telephone contact, the transmission of electronic mail (e.g. e-mails, SMS) or faxes by kurzzeitmiete.at GmbH for advertising and (product, service, service) information purposes. This consent can be revoked at any time in the sense of § 107 TKG at any transmission or by e-mail to or by letter to kurzzeitmiete.at GmbH, Sonnenweg 4, 5204 Straßwalchen.

 

 

 

XVI. Applicable law, legal venue

 

1 Austrian law shall apply to the exclusion of the IPRG and the UN Convention on Contracts for the International Sale of Goods, whereby the relevant mandatory provisions of the country of residence shall also apply to consumers.

2. If the user is a consumer to whom the EuGVVO or the LGVÜII apply, the place of jurisdiction shall be determined according to the aforementioned legal norms.

3. If the user is a consumer to whom neither the EuGVVO nor the LGVÜII apply or if the user is an entrepreneur, the place of jurisdiction for all claims and possible disputes is the competent court at the Operator's headquarters. The Operator is, however, free to make a claim against the user at his place of jurisdiction.

4. Should individual provisions of these General Terms and Conditions be or become invalid or impracticable, the validity of the remaining provisions shall not be affected. In the case of contracts with entrepreneurs, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic purpose of the invalid or unenforceable provision. In the case of contracts with consumers, the invalid or unenforceable provision shall be replaced by the provision which is legally intended for consumers