AGB

1

GENERAL INFORMATION

Between the landlords and tenants of the vacation apartment (Schönbrunn Living - Thomas Müller-Hartburg) a, quasi, rental contract is signed. By booking, i.e. placing an order to rent the vacation apartment, the tenant acknowledges, as binding, the following general renting and cancellation conditions.

We rent out fully furnished, functional and well-equipped apartments in different sizes in a very good location in the 13th district of Vienna, at Lainzer Straße 25.

However, there is no service provided (such as breakfast, daily cleaning, etc.). We are not a hotel, and there is are no reception or communal rooms in the building or outside your rented apartment.

Our apartments are located in a normal Viennese apartment building, the tenant agrees to strictly comply with the house rules. We kindly ask that you do not make any noise in the stairwell, and in the apartment after 10 p.m.; all electronic devices should be adjusted to a moderate level, at normal room volume, and also refrain from dancing or jumping in the apartment. Please be considerate of your fellow residents in the house and respect their need for rest.

Tenants are solely responsible for protecting their valuables. We shall not be liable for theft, loss or damage to your property or injury or illness of tenants.

We are constantly striving to keep our apartments in perfect condition. However, deficiencies can occur during your stay, or maybe we have overseen some shortcomings, despite regular checking. You can report these types of complaints or detected faults to us, anytime, so that we can attend to the problem as quickly as possible. However, you are not entitled to take any legal action based on these defects.

In rare cases, it can happen that, through an error in our computer system, or for some unforeseeable reason, the premises become unusable. We will endeavor to provide you with an apartment of a similar or higher quality, for the same price; this apartment however, might be in a different location. In cases such as these, we do not offer damage compensation.

2

CONCLUSION OF CONTRACT

The reservation order by the tenant and the booking confirmation by the landlord can be done by mail, email or over the phone. With the booking confirmation, the tenant receives details on the payment, expense of renting, and details on the date of the stay in the vacation home. After receipt of the tenant’s payment, specified in point 2, and the sending of a confirmation, the contract becomes legally binding for both parties.

Only after a positive confirmation of the booking, after the rent has been paid successfully, is the apartment firmly reserved for the interested party.

Payment by a possible other interested party, will be promptly returned, and by returning payment and giving a negative response, no legal consequences can be derived from this, and no compensation or the like can be demanded of the landlord.

The tenant takes responsibility for the contractual obligations of all people travelling with him/her.

3

DUE DATES AND PAYMENT

The party interested in the vacation apartment receives a booking offer (mostly in the form of an email), a fixed booking is contingent on the prompt payment of 100% of the agreed upon rent.

The rent for the entire period of the stay is to be paid in advance. Once the money reaches the account of the landlord, a confirmation will be sent to the interested party (tenant) per email. Only after this affirmative response, that is: a positive confirmation from the landlord, is the apartment reserved exclusively for the interested party (vacation guest), and in the case of a negative decision, a rejection, the rent will be promptly returned.

As long as no payment has been made by the interested party and no positive confirmation as been sent by the landlord, the landlord has the right to seek other guests for the apartment and rent it out to them.

For last minute bookings, special payment conditions can be agreed upon in writing. A change in the conditions/the rental agreement, is only possible if agreed in writing with the landlord.

4

TERMINATION AND PREMATURE TERMINATION OF THE RENTAL CONTRACT ON THE PART OF THE TENENT

In the case of a suspension and termination of rental contract before the end of the fixed rental time, the following provisions shall apply:

1) Written notice of termination
To take effect the termination must be addressed, in writing, to the landlord. In case of dispute, the tenant must prove he has given notice of termination.

2) Withdrawal from the contract/ cancellation / changes
The guest can, at any time before the trip, withdraw from the contract with the landlord through a notice of withdrawal. This notice must be in written form. A free-of-charge cancellation is basically possible; if it is received by Schönbrunn Living in writing at the latest 2 weeks prior to the booked arrival date. Exemptions are to be directly agreed upon, in writing, between the service provider and the guest.

Cancellation Conditions :
Cancellation fees for guests who do not arrive (a “no show”), i.e. withdrawal/change, are calculated depending on the time of the cancellation before the start of the rental period, according to the full price of the rent in EUR, as follows:
- up to 2 weeks before renting starts: 10 %
- after 2 weeks before renting starts: 100 %

Changes in the originally agreed upon rent duration and the rental price are only valid in writing between the landlord and the tenant.

For these changes, the same deadlines apply as for the cancelations. Only changes made 2 weeks prior to the commencement of the rental period are doable free of charge.

3) In case of the tenant’s early departure
If the tenant terminates the visit, if (s)he leaves early after having commenced renting, that is, leaves before the contractual end-of-renting date, the tenant is obliged to pay the entire rental cost, and the aforementioned rules apply here.

4) Payment of the Rental Price
For a fixed reservation the cost is 100 % of the total price. If payment is not immediate, the landlord reserves the right to give the apartment to other guests.

Only for bookings made on short-notice can another agreement be made, in writing (by letter or email).

5

PERIOD OF TENANCY

The rental duration is defined in the rental contract. Arrival (check in) is between 2 pm and 10 pm, departure (check out) is, at the latest, by noon: 12 p.m. Deviations from this can only be agreed upon in writing.
6

SERVICES AND PRICES

The scope of the contractual services is determined in the service descriptions in the contract or the booking confirmation. The service descriptions on the Internet were made to the best of our knowledge, but we will not be held responsible for any errors that might have occurred there.

The rental object can only be occupied by the number of persons specified in the confirmation. Children count as persons. The landlord reserves the right to change the prices at the last minute, to fill gaps between bookings, however: already agreed upon rentals and the accompanying rental contracts and booking confirmations will, in these cases, remain unchanged.

These interim price fluctuations do not allow tenants to make any claims towards the landlord.

7

LIABILITY

The tenant is responsible for injuries or damages to property, or loss of rental items, furnishings or everyday objects, if they exceed the normal wear and tear of careful use, that persons travelling with him/her might incur. Parents are responsible for their children. The tenant does not have any liability in case of theft, fire or water damage at the property of the landlord.

Damages in the apartment to the fittings or the furnishings are to be promptly – as soon as possible – reported to the landlord. Concealing or hushing up faults can lead to further demands by the landlord (the damage might prevent or delay the subsequent renting, after the departure of the tenant).

If damage is immediately reported, the landlord will always endeavor to find an accommodating solution.

8

RESPONSIBILITIES OF THE TENANT

The tenant is obliged to treat the vacation apartment, including all the appliances, with care. All damages that the tenant, or people travelling with him/her have caused, are to be indicated and reported immediately to the landlord. Damaged parts of the furnishings are to be obtained by the tenant. Alternatively, the landlord can be compensated for the damage and costs. In the latter case, in addition to the incurred damage there will be a service charge of 10 EUR / max. 50 EUR. Pets are not allowed in the apartment or in the yard.
The use of sleeping bags is also not permitted.
Any garbage is to be disposed in the provided bins.
While checking out, please make sure that all windows and doors are closed securely and that all electronic devices are turned off.

If the scope of cleaning for the final cleaning exceeds a normal level (e.g. after a party night or if the apartment is left excessively dirty: filthy carpets, curtains, spilled drinks, footprints, etc.) the tenant could, subsequently, be liable to pay the additional cleaning costs.

The landlord is not liable for damages to the tenant’s property caused by burglary or theft.

9

WARRANTY

If defects are detected at the onset of renting, these are to be immediately reported to the landlord.

Should the tenants stay be substantially affected by a deficiency and if the landlord does not take remedial actions within a reasonable time, then the tenant has the right to a lowering of the rent or termination. The rental contract can also be terminated if the use of the apartment is considerably impaired or endangered due to a force majeure, such as a natural catastrophe, fire, etc.

In this case, the paid rent, for the remaining duration of the rental agreement will be refunded. Any further claims are excluded.

10

TERMINATION ON THE PART OF THE LANDLORD

The rental contract can be, without notice, terminated by the landlord, if the tenant or persons accompanying the tenant behave in a disturbing way, so that their continued stay in the vacation apartment cannot reasonably be tolerated by the neighbors in the house. Also, accommodating additional persons in the apartment, without the clearing it with the landlord first, is grounds for immediate termination, without prior notice.
11

HOUSE RULES

The house rules that are in place (online under: www.schoenbrunn-living.at/hausregeln) are to be complied with, especially the standard quiet hours between 10 pm and 8 am.
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TRAVEL CONTRACT LAW

The landlord is not a travel agency. Therefore, provisions of the rules of the travel business, including its liabilities, do not apply here.
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CONTENT OF THE ONLINE OFFER

The author assumes no responsibility for the topicality, correctness and completeness or quality of the information provided. Liability claims against the author regarding material or conceptual damages, resulting from the use or disuse of the represented information or by the use of incorrect or incomplete information are generally precluded, insofar as there is no demonstrable deliberate or grossly negligent fault on the part of the author. All offers are subject to change and non-binding.
The author explicitly reserves the right to change, supplement, delete and temporarily or permanently cease publication without prior notice.
14

SEVERABILITY CLAUSE

Should individual provisions of the general rental and cancellation conditions become void, ineffective, disputable or impractical, then the remaining provisions will remain unaffected by this. The parties shall then endeavor to come up with a permissible provision, that is as close as possible to the intended regulation.
15

AREA OF JURISDICTION

The place of jurisdiction for all claims related to the rental contract is Vienna. The exclusive legal venue is the competent district court in Vienna.