terms of service
1) Scope
Mr. Alon Abramov (hereinafter referred to as the “Landlord”) is the sole owner of the property located at 1020 Vienna, Rotensterngasse 16, and rents out fully furnished apartments in the building situated on this property as holiday apartments.
By placing a reservation request for one of these holiday apartments, the Tenant acknowledges these General Terms and Conditions (hereinafter referred to as “GTC”) as legally binding. These GTC apply without exception to all rentals of holiday apartments on the aforementioned property by the Landlord.
The services provided by the Landlord consist solely of renting out holiday apartments in the house located at 1020 Vienna, Rotensterngasse 16. The Landlord does not provide any additional services, particularly not those of a lodging or hotel business, nor of a tour operator. Accordingly, the house at 1020 Vienna, Rotensterngasse 16 has no reception desk or common areas.
2) Reservation and Conclusion of Contract, Purpose of Use
The Tenant may place a reservation request for one of the holiday apartments available for rent either directly via the website set up specifically for this purpose or via another online platform. The Tenant must also indicate how many persons will occupy the apartment to be rented. The Landlord is free to accept or reject the reservation request; if accepted, the Landlord will send the Tenant a booking confirmation by e-mail, specifying, in particular, the rental fee (price), the exact duration of the stay in the selected holiday apartment, and the maximum number of occupants permitted during the rental period.
A legally binding rental agreement is only concluded once the rental fee (price) has been paid in full and on time by the Tenant. Only upon full and timely payment is the booking considered fixed and the rental contract deemed concluded under the conditions set out in the booking confirmation.
The rental property is an apartment rented by the Tenant exclusively as a secondary residence for recreational and leisure purposes. In the reservation request, the Tenant expressly confirms that their primary residence and usual place of stay is at the address indicated in the reservation. Any change in the intended use by the Tenant is not permitted.
3) Rent, Due Date, and Payment Method
The rental fee is a lump sum, covering the net rent, a proportionate share of operating costs, public charges payable on the property, as well as the allocated share of heating, electricity supply, and VAT at the applicable statutory rate.
The rental fee is due immediately upon receipt of the booking confirmation by e-mail from the Landlord. In the event of delayed payment, the booking confirmation becomes void.
Payment must be made by credit card. The Landlord accepts the following credit cards: Visa, Mastercard, and American Express.
4) Check-in and Check-out, Receipt and Return of Keys, Rental Period
The Landlord will provide the Tenant with detailed information on the check-in procedure in the booking confirmation. On the day of arrival, before the earliest possible check-in time, the Tenant will receive further instructions by e-mail, including the PIN code for the key safe where the apartment key is deposited. The key also grants access to the main entrance of the building.
Check-in on the day of arrival is possible from 3:00 p.m. onwards.
Before check-in, the Tenant is required to register in the Landlord’s electronic guest register.
Check-out does not involve a personal handover of the apartment. The check-out must be completed by 10:00 a.m. on the departure day, i.e., the final day of the rental period. At check-out, the Tenant must return the key to the key safe and lock it.
It is expressly noted that loss of the key necessitates the replacement of the entire locking system, which involves significant costs to be borne by the Tenant.
The rental agreement is concluded for a fixed term corresponding to the duration of stay specified in the booking confirmation and ends on the last day of this duration without the need for termination.
5) Early Termination by the Tenant / Cancellation Policy
The Tenant may terminate (cancel) the rental agreement before the end of the rental period. Depending on the timing of the cancellation, the following fees are payable:
Cancellation up to 14 calendar days before the start of the rental period is free of charge.
Cancellation less than 14 calendar days before the start of the rental period requires payment of the full rental fee for the entire rental period.
In the case of early termination by the Tenant after the rental period has begun (i.e., before the agreed rental duration expires), the Tenant must likewise pay the full rental fee for the entire rental period, unless the rental property has become unusable due to reasons attributable to the Landlord and no substitute accommodation is provided in accordance with Section 7 of these GTC.
Cancellations by the Tenant must be made in writing to the Landlord. An e-mail cancellation fulfills the written form requirement.
6) Early Termination by the Landlord
The Landlord may terminate the rental agreement without notice and with immediate effect for good cause, particularly if:
the rental property is used in a significantly improper manner by the Tenant, including behavior attributable to co-occupants;
the house rules or essential provisions of the rental agreement, including these GTC, are persistently and/or materially violated by the Tenant, including behavior attributable to co-occupants;
a petition for bankruptcy against the Tenant’s assets is dismissed due to lack of sufficient assets.
Such a declaration of termination by the Landlord must also be made in writing; an e-mail satisfies the requirement of written form.
7) Provision of Substitute Accommodation
The Landlord is entitled to provide the Tenant with suitable substitute accommodation in the same building at 1020 Vienna, Rotensterngasse 16, if reasonable for the Tenant and objectively justified. Objective justification exists, for example, if the booked apartment has become unusable, a previous tenant has failed to vacate on time, or other important reasons necessitate such a measure.
8) Obligations of the Tenant
The rental property may be occupied only by the number of persons specified in the booking confirmation.
The Tenant undertakes to use the rental property, facilities, and equipment (especially electrical, water, sanitary, heating, and appliances) as well as the furnishings with due care. Any damage occurring during the rental period must be reported immediately to the Landlord. Damages caused by the Tenant or co-occupants must be compensated by the Tenant.
The Tenant confirms having acknowledged the house rules and is responsible for ensuring compliance by themselves and all co-occupants.
Entrances must be kept locked at all times. Passing on keys and/or door codes to third parties is prohibited.
The Tenant must maintain the rental property in a clean and hygienic condition.
Smoking is strictly prohibited throughout the building, including within the rental property.
Pets are strictly not permitted in the rental property.
Upon departure (check-out), the apartment must be left in the same good condition as at check-in. All windows and doors must be closed at check-out.
Parties or celebrations in the rental property are prohibited.
Subletting, assignment of rights, or transfer of use of the rental property, in whole or in part, whether for payment or free of charge, is strictly prohibited.
9) Items Brought into the Rental Property
The Landlord is under no obligation to supervise items brought into the rental property. The Landlord accepts no liability for items brought in, particularly for loss, theft, damage, destruction, or accidental events.
10) Choice of Law, Jurisdiction, and Place of Performance
The legal relationship between the parties arising from or in connection with this contract is governed exclusively by Austrian law. The application of conflict-of-law rules referring to foreign law is excluded.
For all disputes arising from or in connection with this contract, Austrian jurisdiction shall apply. The place of performance and jurisdiction is Vienna.