General Terms and Conditions

1. general

1.1 The following General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions between Anna Winkler and Maximilian Eisl, as owners of Eisl & Winkler Vermietungsgemeinschaft, Au 81, 5360 St. Wolfgang. Wolfgang, as operators of the private rental Balthasar Volcano in Au 81, 5360 St. Wolfgang, hereinafter referred to as the private landlord, and the contractual partner of the private landlord in the context of the provision of their vacation apartments, hereinafter referred to as the guest (vacation apartment rental agreement). In the following, a guest is defined as someone who books a vacation apartment for one or others, someone who books a vacation apartment for themselves and others, as well as all authorized users of the vacation apartments based on bookings. With the booking or with the request to reserve a vacation apartment, the guest recognizes the GTC as binding.

1.2 The services of the private landlords are provided exclusively on the basis of these GTC in their current version. Any other terms and conditions of guests shall only be accepted if they have been expressly and bindingly agreed to in writing.

1.3 The private landlords can change the GTC at any time. Existing guests will be informed accordingly. Consent to the amendment of the GTC shall be deemed to have been given if the guest continues to contract with the private landlords.

1.4 The contract language is German.

1.5 Insofar as these GTC require the written form, this is generally complied with by e-mail.

2. booking process, offer, conclusion of contract

2.1 All information on services and prices on the Private Landlords' website and during the booking process is non-binding.

2.2 A reservation/booking of a vacation apartment and thus the conclusion of a contract is possible as follows:

2.2.1 A binding booking of a room is made via the website of the private landlord (by "clicking" on the button "Order with obligation to pay") and simultaneous down payment, whereby the contractual relationship is concluded. After this online booking, an access code is sent 3 days before the agreed arrival date, which is required to open the individual vacation apartments or the main entrance.

2.2.2 Booking inquiries can also be made via the Private Hirers' website. The guest will first receive a confirmation of receipt. This confirmation of receipt does not constitute acceptance of the contract. It merely serves to inform the guest that the request has been received by the private landlords. The guest is obliged to immediately report any obvious errors in the confirmation of receipt as well as any discrepancies between the inquiry and the confirmation of receipt. Subsequently, the guest may receive a non-binding offer with details of the price and payment conditions for the use of a vacation apartment for a specific period. The guest can then send a corresponding offer to the private landlords by e-mail, which can subsequently be accepted by the private landlords by means of a booking confirmation including an access code for access to the vacation apartment or for the main entrance, if necessary subject to the payment of a deposit.

2.2.3 In addition, bookings can be made directly by e-mail correspondence or via external booking platforms.

2.3 The guest is obliged to fill in the fields and information provided in the forms completely and truthfully. A booking is only possible if all mandatory fields in the forms are completed.

2.4 Unless otherwise stated, the guest also concludes the contract in his own name with regard to his fellow travelers and is therefore personally responsible for the fulfillment of their contractual obligations. Otherwise, joint and several liability applies for all obligations of the guest and his fellow travelers or those guests for whom he makes the booking. If a third party makes the booking on behalf of the guest, they shall be liable to the private landlords together with the guest as joint and several debtors for all obligations arising from the contract. In case of doubt, the customer is liable, even if he has ordered or co-ordered for other named persons. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest. Persons making authorized use of the vacation apartment are guests within the meaning of the General Terms and Conditions.

2.5 By submitting the booking/enquiry, the guest confirms that he/she is over 18 years of age.

2.6 The private landlords reserve the right to refuse requests without giving reasons.

3. payments

3.1 The guest is obliged to pay the applicable or agreed prices of the private landlord for the vacation apartment and the other services used by him. This also applies to services and expenses to third parties arranged by the guest.

3.2 Only the payment methods offered in the context of the order are accepted.

3.3 Invoices from private landlords are due immediately upon receipt without deduction.

3.4 The prices may be changed by the private landlords if the guest subsequently requests changes to the services of the private landlords or the length of stay of the guests, and the private landlords agree to this.

3.5 The private landlords are entitled to demand an appropriate advance payment/down payment or security deposit upon conclusion of the contract or thereafter. These shall be deemed to be part payment of the agreed remuneration.

3.6 The guest is not entitled to offset claims against the private landlords against the remuneration for the vacation apartment. However, this prohibition on offsetting does not apply in the event of the insolvency of the private landlords or for such counterclaims that are legally connected with the contract in question and that have been established by a court or expressly recognized by the private landlords.

4. beginning and end of the rental of the vacation apartment; obligations of the guest

4.1 The guest has the right to move into the booked vacation apartment between 3 p.m. and 6 p.m. on the agreed day ("day of arrival"), unless the private landlord offers a different time of occupancy. If the arrival date cannot be met by 6 p.m., the guest may arrive the following day from 8 a.m. to 10 a.m. at no charge.

4.2 The guest undertakes to present a valid identity card or passport to the private landlords upon arrival, as well as any other documents that the private landlords are legally required to inspect (such as proof of vaccination or testing).

4.3 The booked vacation apartment must be vacated by the guest by 10:15 a.m. on the agreed departure date. The private landlords are entitled to charge additional amounts if the vacation apartment is not vacated on time. A later departure or vacating of the vacation apartment is possible subject to availability and for an additional charge. Any request must be made by the guest at least 1 day before departure.

4.4 In the event of early departure or late arrival, the guest is not entitled to a refund.

4.5 The quiet hours from 10 p.m. to 8 a.m. must be observed by the guest.

4.6 During the absence from the vacation apartment, the guest is obliged to lock all windows and doors tightly.

4.7 The vacation apartment may only be occupied by the persons specified by the guest.

5. withdrawal - cancellation fee

5.1 Cancellation of a vacation apartment booking by unilateral declaration by the guest is only possible subject to payment of the following cancellation fees:

• You can cancel free of charge at any time up to 1 month (30 days) before your arrival.
• from 1 month before the agreed date of arrival 40 % of the agreed fee
• from 1 week before the agreed arrival date 70 % of the agreed fee
• from 24 hours before the agreed day of arrival 90 % of the agreed fee
• on the agreed day of arrival 100% of the agreed fee

5.2 Withdrawal from the booking of all vacation apartments of the private landlords by unilateral declaration by the guest is only possible subject to payment of the following cancellation fees:

• You can cancel free of charge at any time up to 1 month (30 days) before your arrival.
• from 1 month before the agreed arrival date 60% of the agreed fee
• from 1 week before the agreed arrival date 80% of the agreed fee
• from 24 hours before the agreed day of arrival 90 % of the agreed fee
• on the agreed day of arrival 100% of the agreed fee

5.3 Private landlords recommend taking out travel cancellation insurance.

6. provision of alternative accommodation

6.1 The private landlords may provide the guest with adequate alternative accommodation (of the same quality) if this is reasonable for the guest, especially if the deviation is minor and objectively justified.

6.2 An objective justification is given, for example, if the booked vacation apartment has become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures require this step.

7. liability

7.1 The guest shall be liable to the private landlord for any damage caused by him or other persons attributable to him. The damage also includes, in particular, any compensation payments that the private landlord has to make to third parties. The guest shall indemnify and hold harmless the private landlord against any damage caused by third parties.

7.2 The guest is obliged to return the vacation apartment to the private landlords at the end of the stay in the condition in which it was taken over by him. Missing or non-functional furnishings or household items must be replaced by the guest in the form of compensation.

7.3 For evidence purposes, the private landlords will take photographs of the condition of the booked vacation apartment before the guest's arrival and after the guest's departure.

7.4 Furthermore, the guest is liable for linen, bedding and bed furnishings that have become unusable due to his behavior, the restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged by him or persons attributable to him, as well as for the fact that the vacation apartment cannot be used for the days following his stay due to cleaning or repair work due to the behavior of him or persons attributable to him.

7.5 If the guest is an entrepreneur, the liability of the private landlord for slight and gross negligence is excluded. In this case, the guest bears the burden of proof for the existence of fault. Consequential damage or indirect damage as well as lost profits will not be compensated under any circumstances. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.

7.6 If the guest is a consumer, the liability of the private landlord for slight negligence, with the exception of personal injury, is excluded.

7.7 The amount of any liability of private landlords is limited to a maximum of the liability insurance sum.

7.8 If a parking space is made available to the guest, this does not constitute a safekeeping agreement. There is no obligation on the part of the private landlord to monitor the vehicle. In the event of loss of or damage to vehicles parked on the private landlord's property and their contents, the liability of the private landlord or their vicarious agents for slight negligence, with the exception of personal injury, is excluded if the guest is a consumer. If the guest is an entrepreneur, liability for gross negligence is also excluded. In all other respects, the provisions of points 7.5 - 7.7 apply.

8. animals

8.1 The presence of the Guest's pets can be booked as an additional service for a separate fee during the booking process via the Private Landlords' website.

8.2 The guest who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense. Furthermore, the guest must have appropriate animal liability insurance. Proof of such insurance must be provided at the request of the private landlord.

8.3 The guest shall be liable to the private landlords for any damage caused to the private landlords by animals brought along. The damage also includes, in particular, any compensation that the private landlords have to pay to third parties. The guest shall indemnify and hold harmless the private landlords against any damage caused by third parties.

9. termination of the vacation rental agreement

9.1 If the accommodation contract was concluded for a fixed term, it shall end upon expiry of the term.

9.2 If the guest departs prematurely, the private landlords are entitled to demand the full agreed remuneration. The private landlords will deduct what they have saved as a result of the non-utilization or what they have received by renting the accommodation to other parties. Savings shall only be deemed to have been made if the vacation apartments are fully occupied at the time of non-utilization of the vacation apartment booked by the guest and the vacation apartment can be rented to other guests due to the guest's cancellation. The guest bears the burden of proof of the savings.

9.3 The death of a guest terminates the contract with the private landlords.

9.4 The private landlords are entitled to terminate the contract with immediate effect for good cause, in particular if the guest - makes significantly detrimental use of the vacation apartment or the general areas makes significantly detrimental use of the holiday apartment or the general areas - makes living together unpleasant for the other guests, the private landlords or persons attributable to them through his inconsiderate, offensive or otherwise grossly improper behavior or commits a punishable act against property, morality or physical safety towards these persons, is guilty of an offense against property, morality or physical safety - is afflicted with a contagious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care - fails to pay the invoices presented when due within a reasonably set period (3 days) - admits additional persons to the vacation apartment without prior agreement; otherwise, the private landlords are entitled to demand an appropriate surcharge for over-occupancy for the duration of the use contrary to the contract

9.5 If the fulfillment of the contract becomes impossible due to an event to be considered force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the private landlords may terminate the contract at any time without observing a notice period, provided that the contract is not already deemed terminated by law or the private landlords are released from their obligation. Any claims for damages etc. by the guest are excluded.

10 Place of performance, place of jurisdiction and choice of law

10.1 The place of performance is the place where the vacation apartments are located.

10.2 This contract shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

10.3 The exclusive place of jurisdiction in bilateral business transactions is the registered office of the private landlords, whereby the private landlords are also entitled to assert their rights at any other local and competent court.

10.4 If the contract was concluded with a guest who is a consumer and has their place of residence or habitual abode in Austria, legal action against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

10.5 If the contract was concluded with a guest who is a consumer and who is resident in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

11. other

11.1 Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remainder of these GTC. In this case, the invalid or unenforceable provisions shall be replaced by such valid and enforceable provisions that come closest to the legal and economic purpose of the provisions to be replaced.

11.2 These GTC are available on the Privatvermieter website. This document can also be printed out or saved. The guest can also archive the GTC and the order data by either downloading the GTC and saving the data summarized on the last page of the order process using the functions of the browser.

12. complaints/dispute resolution

The private landlords (email: info@balthasar-volcano.at) are available for complaints. The private landlords do not participate in a system for alternative dispute resolution. The European Union has set up an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. You can find the platform at: http://ec.europa.eu/odr. The private landlords are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.