Terms and conditions
1.1. The following General Terms and Conditions (hereinafter referred to as GTC) shall apply to all legal transactions between Anna Winkler and Maximilian Eisl, as owners of Eisl & Winkler Vermietungsgemeinschaft, Rudolf-von-Alt-Weg 3, 4820 Bad Ischl, 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 transfer of their holiday apartments, hereinafter referred to as the guest (holiday apartment transfer contract). In the following, a guest is considered to be the person who books a holiday apartment for himself or for others, the person who books a holiday apartment for himself and for others, as well as all users of the holiday apartments who are authorised on the basis of bookings. With the booking or with the request for reservation of a holiday apartment the guest accepts the terms and conditions as binding.
1.2. The services of the private landlords are provided exclusively on the basis of these General Terms and Conditions as amended from time to time. Other terms and conditions of guests will only be accepted if they have been expressly and bindingly agreed to in writing.
1.3. The private landlords can change the terms and conditions at any time. Existing guests will be informed of this. The agreement to the change of the GTC is considered as given if the guest continues to contract with the private landlords.
1.4. Contractual language is German
1.5. Insofar as these GTC provide for the requirement of the written form, this shall generally be complied with by means of an e-mail.
2. booking process, offer, conclusion of contract
2.1. All information about services and prices on the website of the private landlords and in the booking process are non-binding.
2.2. A reservation/booking of a holiday apartment and thus a 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 landlords (by “clicking” the button “Order with obligation to pay”) and simultaneous down payment, whereby the contractual relationship comes into being. After this online booking, an access code will be sent 3 days before the agreed arrival date. This code is needed to open the individual holiday apartments or the main entrance.
2.2.2. Booking requests are also possible via the private renters’ website. Hereupon the guest first receives a confirmation of receipt. This confirmation of receipt does not yet constitute acceptance of the contract. It only 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 request and the confirmation of receipt. Subsequently, the guest may receive a non-binding offer with information about the price and payment conditions for the use of a holiday apartment for a certain period of time. The guest can then send a corresponding offer to the private landlords by e-mail, which can then be accepted by the private landlords by means of a booking confirmation together with an access code for access to the holiday 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 or information provided in the forms completely and truthfully. A booking is only possible if all mandatory fields in the forms are filled in.
2.4. Unless otherwise stated, the guest concludes the contract in his own name, also with regard to those of his fellow travellers, and is thus personally responsible for the fulfilment of their contractual obligations. In all other respects, joint and several liability applies to all obligations of the guest and his fellow travellers or those guests for whom he is making the booking. If a third party makes the booking for the guest, he is 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 shall be liable, even if he has ordered or co-ordered for other persons mentioned by name. Irrespective of this, each orderer is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions. The persons entitled to use the holiday apartment are guests in the sense of the general terms and conditions.
2.5. By submitting the booking/request, the guest assures that he/she is older than 18 years.
2.6. The private landlords reserve the right to refuse requests without giving reasons.
3.1. The guest is obliged to pay the applicable or agreed prices of the private landlord for the holiday apartment and the other services used by him. This also applies to services and expenses arranged by the guest vis-à-vis third parties.
3.2. Only the methods of payment offered within the framework of the order are accepted.
3.3. Invoices of the private landlords are due immediately after receipt without deduction.
3.4. The prices can be changed by the private landlords if the guest subsequently wishes changes in the service 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 a reasonable advance payment/deposit or security deposit upon conclusion of the contract or thereafter. These shall be deemed to be partial payments on the agreed remuneration.
3.6. The guest is not entitled to offset claims against the private landlords with the payment for the holiday apartment. However, this prohibition of compensation shall not apply in the event of the private landlords’ insolvency or to such counterclaims which are legally connected with the contract in question and which have been established by a court or expressly acknowledged by the private landlords.
4. beginning and end of the letting of the holiday flat; obligations of the guest
4.1. The guest has the right to move into the booked holiday apartment between 15:00 and 18:00 of the agreed day (“arrival day”), if the private landlords do not offer any other reference time. If the arrival date cannot be met by 18:00, you may arrive the following day from 8:00 to 10:00 without incurring any costs.
4.2. The guest undertakes to present to the private landlords on arrival his valid identity card or passport as well as other documents whose inspection by the private landlords is required by law (such as proof of vaccination or test).
4.3. The booked holiday apartment is to be vacated by the guest by 10:15 a.m. on the day of the agreed departure. The private landlords are entitled to charge additional amounts if the holiday home is not vacated on time. A later departure or freeing of the holiday apartment is possible according to availability and for an extra charge. Any request must be made by the guest at least 1 day before departure.
4.4. In case of early departure or late arrival the guest is not entitled to any refund.
4.5. The guest must observe the quiet hours from 10 pm to 8 am.
4.6. During the absence from the holiday apartment the guest is obliged to lock all windows and doors tightly.
4.7. The holiday apartment may only be occupied by the persons indicated by the guest.
5. withdrawal – cancellation fee
5.1. Cancellation of the booking of a holiday apartment by unilateral declaration of the guest is only possible with payment of the following cancellation fees:
- up to 1 month before the agreed date of arrival 40 % of the agreed fee
- up to 1 week before the agreed date of arrival 70 % of the agreed fee
- in the last week before the agreed day of arrival 90 % of the agreed fee
- on the agreed day of arrival 100% of the agreed fee
5.2. A cancellation of the booking of all holiday apartments of the private landlords by unilateral declaration of the guest is only possible under payment of the following cancellation fees:
- up to 1 month before the agreed date of arrival 60% of the agreed fee
- up to 1 week before the agreed date of arrival 80% of the agreed fee
- in the last week before the agreed day of arrival 90 % of the agreed fee
- on the agreed day of arrival 100% of the agreed fee
5.3. The private landlords recommend that you take out travel cancellation insurance.
6. provision of alternative accommodation
6.1. The private landlords can provide the guest with adequate substitute 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 holiday apartment has become unusable, already accommodated guests extend their stay, there is an overbooking or other important operational measures require this step.
7.1. The guest is liable to the private landlord for any damage caused by him or other persons attributable to him. In particular, the damage also includes the compensation to be paid by private landlords to third parties. The guest shall indemnify and hold harmless the private landlords against any damage caused by third parties.
7.2. The guest is obligated to return the holiday 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 are to be replaced by the guest in the form of compensation.
7.3. For evidence purposes, a photo documentation of the condition of the booked holiday apartment is made by the private landlords before the arrival and after the departure of the guest.
7.4 In addition, the guest is liable for linen, bedding and bed furnishings that have become unusable due to his behaviour, 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 holiday apartment cannot be used for the days after his stay due to cleaning or repair work due to his behaviour or that of 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 or indirect damages as well as lost profits will not be compensated under any circumstances. In any case, the damage to be compensated finds its limit in the amount of the interest in trust.
7.6. If the guest is a consumer, the liability of the private landlords 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. Insofar as a parking space is made available to the guest, this does not constitute a custody agreement. There is no monitoring obligation on private landlords. In case of loss or damage to vehicles parked on the property of the private landlords and their contents, the liability of the private landlords 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 is also excluded for gross negligence. In all other respects, the provisions under point 7.5 shall apply. – – 7.7.
8.1. The presence of pets of the guest can be booked in the booking process via the website of the private landlords as an additional service for a separate fee.
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 expense. In addition, the guest must have appropriate animal liability insurance. Proof of the relevant insurance must be provided at the request of the private landlord.
8.3. The guest is liable to the private landlords for any damage caused to the private landlords by animals brought along. In particular, the damage also includes the compensation to be paid by private landlords to third parties. The guest shall indemnify and hold harmless the private landlords against any damage caused by third parties.
9. termination of the holiday home rental contract
9.1. If the accommodation contract was concluded for a definite period of time, it shall end upon expiry of the time limit.
9.2. If the guest departs prematurely, the private landlords are entitled to demand the full agreed fee. Private landlords will deduct what they have saved as a result of the non-utilisation or what they have obtained by letting the property elsewhere. A saving shall only be deemed to exist if the holiday apartments are fully occupied at the time the holiday apartment booked by the guest is not used and the holiday apartment can be let to further guests due to the cancellation of the guest. The burden of proof of the savings shall be borne by the guest.
9.3. The death of a guest terminates the contract with the private landlords.
9.4. The private landlords are entitled to dissolve the contract with immediate effect for good cause, in particular if the guest – makes a considerably disadvantageous use of the holiday apartment and/or makes considerably disadvantageous use of the holiday flat or the general areas – by his inconsiderate, offensive or otherwise grossly improper behaviour makes living together unpleasant for the other guests, the private landlords or the persons attributable to them or is guilty of an offence against property, morality or physical safety towards these persons which is punishable by law, is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care – does not pay the submitted invoices when due within a reasonably set period (3 days) – takes additional persons into the holiday apartment without prior agreement; in all other respects the private landlords are entitled to demand an appropriate surcharge for overcrowding for the duration of the use in breach of contract.
9.5. If the fulfilment of the contract becomes impossible due to an event to be considered as force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the private landlords may terminate the contract at any time without observing a period of notice, provided that the contract is not already considered terminated according to the law, or the private landlords are released from their obligation. Any claims for damages etc. of 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 holiday apartments are located.
10.2. This contract is subject to 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 two-sided 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 his place of residence or habitual abode in Austria, actions against the consumer may only be brought at the place of residence, habitual abode or place of employment of the consumer.
10.5. If the contract was concluded with a guest who is a consumer and who is domiciled 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 domicile shall have exclusive jurisdiction for actions against the consumer.
11.1. If any provision of these terms and conditions is invalid or unenforceable, the validity of the remainder of these terms and conditions shall not be affected. In such case, the invalid or unenforceable provisions shall be replaced by such valid and enforceable provisions as are legally and economically closest to the purpose of the provisions to be replaced.
11.2. These terms and conditions are available on the website of the private landlords. In addition, this document can be printed or saved. The guest can also additionally archive the GTC as well as the data of the order by either downloading the GTC and saving the data summarized on the last page of the order process with the help of the browser’s functions.
12. complaints/dispute settlement
In case of complaints the private landlords (email: firstname.lastname@example.org) are at your disposal. Private landlords do not participate in an alternative dispute resolution system. 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.