GENERAL TERMS AND CONDITIONS
(Version: December 1, 2015)
General Provisions
The General Terms and Conditions of Abies Real Estate Investment GmbH, hereinafter referred to as “Abieshomes,” apply exclusively to all contracts concerning the use of apartments rented by natural or legal persons, hereinafter referred to as “Tenants.” These terms also extend to accompanying persons, collectively referred to as “Residents,” for a continuous duration of no more than 80 nights. The applicable version at the time of contract conclusion serves as the basis.
The provision of an apartment is expressly without additional services and is not subject to the General Terms and Conditions for the Hotel Industry of the Austrian Hotel Association. Additionally, this does not constitute a tenancy agreement under the Austrian Tenancy Act (MRG). Upon conclusion of the contract, the Tenant expressly agrees to use the apartments exclusively for purposes as stated in § 1 para. 2 items 3 and 4 of the MRG. Use as a primary residence is strictly prohibited and excluded.
Contract Conclusion
All offers are non-binding and without obligation, expressing no intention by Abieshomes to enter into a binding agreement. By making a booking, the Tenant submits a binding offer to Abieshomes for the rental and use of one or more apartments. The General Terms and Conditions are accepted by the Tenant at the time of booking.
A contract is concluded upon Abieshomes sending a confirmation following an online booking, regardless of whether the confirmation is received by the Tenant. In the case of a written reservation or a reservation made via email, the contract is concluded upon dispatch of a confirmation of acceptance of the Tenant’s offer by Abieshomes, again regardless of whether the confirmation is received by the Tenant.
By concluding the contract, the Tenant confirms possession of a credit card issued in their name, valid for at least 30 days beyond the rental period, and with a minimum available balance of €3,000.
The Tenant must review the booking confirmation and report any discrepancies within four days of receipt. Failing this, the booking confirmation becomes binding. Complaints received later do not entitle the Tenant to withdraw from the contract.
Subject Matter of the Contract
The subject matter of the contract is exclusively the rental of one or more apartments from Abieshomes for a minimum duration of one night. All apartments include at least an entrance hall, a living area, a kitchen (which may be integrated into the living area), a bathroom, a toilet (which may be combined in one space), and a varying number of bedrooms.
All apartments are fully furnished to a high standard, categorized as Equipment Class A, and are ready for occupancy with furniture, entertainment electronics, kitchen appliances, and cookware. All apartments are equipped with satellite TV and internet (Wi-Fi).
In accordance with Section 1, apartments may only be used by the Tenant as a secondary residence for leisure or recreational purposes, or as a temporary relocation for professional reasons. Use as temporary business premises can only be arranged separately and in writing with Abieshomes.
Rights and Obligations of the Contracting Parties
Abieshomes provides the rented apartments in the agreed condition for the agreed period to the Residents specified by the Tenant. Minor deviations in the furnishings or equipment of the apartments from the descriptions are possible and do not entitle the Tenant to withdraw from the contract.
The Tenant is obligated to disclose the number of Residents at the beginning of the rental period for the purpose of calculating the local tax.
Upon occupancy of the apartment, each Resident is required to truthfully complete and sign a guest registration form, in compliance with Austrian registration laws, for police registration purposes.
The Tenant is liable to Abieshomes for all costs incurred due to delayed payment, partial or non-payment, or necessary legal proceedings attributable to the Tenant.
For all apartments, inventory lists are maintained due to the high-quality furnishings. Abieshomes inspects the completeness, condition, and functionality of the inventory before each new rental. The Tenant is obligated to verify the inventory list and ensure Residents report discrepancies by 3 PM the day following the start of the rental period. Failing this, the inventory list is considered accurate. A copy of the inventory list is visibly placed in each apartment.
Security Deposit
The Tenant is required to provide a security deposit equal to 20% of the total rental cost, with a minimum of €500. Any deviation from this amount must be agreed upon in writing with Abieshomes. The deposit is authorized electronically through the Tenant’s credit card and remains blocked for up to five days after the rental period ends.
The security deposit is used to cover any claims by Abieshomes arising from the contract, including, but not limited to, cleaning fees for excessive dirtiness beyond normal wear and tear. Such claims may be deducted from the security deposit without prior notification to the Tenant.
Apartment Maintenance
Residents are obligated to treat the apartment with care and allow authorized representatives of Abieshomes access for maintenance and inspections at least once every 31 days. In case of an emergency, representatives may access the apartment at any time.
At the end of the rental period, the apartment must be returned in proper condition, including all inventory as listed, free of any damage or defects caused during the rental.
The Tenant and Residents are not permitted to accommodate third parties in the apartment without written consent from Abieshomes. Violation of this rule results in an additional fee of 25% of the total rental cost.
Apartment Rules and Prohibited Activities
Smoking is strictly prohibited in all apartments and buildings. In case of violation, Abieshomes is entitled to charge €500 for cleaning and loss of rental revenue due to the inability to re-rent the apartment.
Pets are only allowed with prior written consent from Abieshomes. The Tenant is liable for any damage caused by pets.
Cancellations and Rescheduling
The Tenant may cancel the contract free of charge up to four months before the start of the rental period. Cancellation within eight weeks incurs a fee of 40% of the rental cost, and within 14 days, 80% of the rental cost. No cancellations are allowed thereafter.
Rescheduling to a different apartment or period may be arranged free of charge up to four weeks prior to the rental period, subject to availability.
Payment Terms
The Tenant is obligated to pay the rental cost either at the time of booking or within 14 days of invoice issuance. Payments can be made via bank transfer or credit card. Cash payments are only accepted with prior written agreement.
In case of delayed payments, reminder fees of €40 per notice and default interest of 9% p.a. will be charged.
Liability Disclaimer
Abieshomes explicitly assumes no liability or warranty for content and information on external websites, including the content and information on the websites of partner agencies.
Abieshomes is not a lodging establishment and is not liable for items brought in by Residents or for their physical integrity. The use of parking garages, which may be available at the apartment locations, is solely at the user’s own risk.
Abieshomes is also not liable for the internet usage by the Residents. The legal responsibility for lawful internet usage and its content lies solely with the Tenant. Furthermore, Abieshomes does not guarantee uninterrupted internet connectivity and is not liable for damages resulting from internet outages.
Abieshomes explicitly disclaims liability for damages caused by power outages.
Abieshomes is not responsible for the potential access of personal information by third parties that individuals provide through the company’s website. However, the company will make every reasonable effort, in accordance with current standards, to protect such data from unauthorized access.
Governing Law and Jurisdiction
All disputes arising from contracts with Abieshomes are exclusively governed by Austrian law. The competent court for disputes is the one responsible for the jurisdiction of the respective apartment’s location, in compliance with § 14 KSchG.
Abieshomes explicitly reserves the right to correct errors, including misprints, calculation errors, and typographical errors.
Any additional agreements must be made in writing to be valid.