General Terms and Conditions
For the rental of serviced apartments
Mag. (FH) Florian A. Gerl
Version January 2016
These General Terms and Conditions will govern the Tenancy Agreement (Rental Contract) between the lessor / landlord (Mag. (FH) Florian Gerl) and the lessee / tenant for the rental of fully furnished apartments for residential purposes.
In cases of doubt, the Rental Applicant will be deemed as the liable tenant, even if he/she is renting for other persons besides him/herself or has brought along other guests. These General Terms and Conditions (AGB) apply to all services provided by the landlord to the contracting party.
Oral agreements are to be confirmed in writing for them to be considered valid, any subsequent changes or additions must also be confirmed in written form. The valid version of the General Terms and Conditions will be part of the Tenancy Agreement and will be available online as well as in all the rental premises. Communication via E-mail will be recognized as a written form.
- The rental property
To be rented are fully furnished and equipped apartments to be used for dwelling purposes only. The apartments are fully furnished and equipped with all the necessary furniture, electrical appliances and kitchenware.
The Tenancy Agreement will not only cover the available rooms but also the provided facilities- without further services. The apartment will be handed over clean, with fresh bed linen as well as a set of fresh towels (1 small, 1 large) for each guest.
The apartment is to be used exclusively as either a secondary residence for work-based purposes (in case the guest(s) are using it as a residence for work related reasons) or as a secondary residence for vacation purposes and/or for recreational activities. The tenant must have a regular (main/primary) residence and must not abandon this during the rental period. The vacation rentals/homes are therefore not under the Austrian Tenancy Laws (“Mietrechtsgesetz”).
According to the Austrian Registration Act (“Meldegesetz”), the tenant must register or deregister themselves within 3 days of their tenancy. The tenant will be responsible for his/her own registration.
- The contract
The legal basis for a booking is the detailed German description of the apartments on www.vienna-calling.me . The lessor will not take liability for translation errors or incorrect descriptions made in any languages other than German. Small differences in decor or furnishings are possible and do not entitle the lessee to withdraw from the contract.
All offers made by the lessor are non-binding.
Basis for a binding Tenancy Contract will be the offered price and the payment of at least 25% of the agreed price to the specified bank account within two weeks. Upon receiving the deposit, the lessor will send a written booking confirmation. In case no period limit has been agreed upon, the contract will expire automatically after six months of the tenancy.
- Prices and Payment
The rental price for occupancy of up to two persons will be in Euros(€) – exceptions will be specified in the advertisement. Additional persons may use the apartment for an additional charge. The following services are included in the rent:
- Ordinary energy consumption including that of electricity, hot water and gas.
- The use of the apartment including all furniture and appliances.
- Internet and cable television:
- Expendable items available in the apartment during the handing over (toilet-paper, detergents, etc.).
- The provision of two sets of keys (for the main door(s) and the apartment unless the doors have a multi-lock system)
- Value Added Tax (VAT)
The lessor reserves the right to change the prices and services at any time. After the lessee has received a booking confirmation with an agreed price, a change in the price will not be possible.
Final payments for the entire tenancy period has to be credited to the lessors account 30 days prior to arrival, at the latest.
The costs for financial transactions (e.g. transfer fees) will be borne by the lessee themselves. The lessor is not obliged to accept foreign currency.
The legally prescribed local tax of 3.2% of the rental fee will not be included in the rent and shall be calculated and paid separately.
- Arrival/Departure or Change of residence
The arrival time will be agreed individually after the lessee has received a booking confirmation. Usually, the apartment is ready for handover as from 14.00 / 2.00 p.m. The lessor or his representative will await the lessee at the apartment at the arranged time. Lessees are requested to be punctual or inform the lessor of the delay early enough.
The latest possible arrival at an apartment is 22.00 /10.00 p.m. In case of a delay to a later time, a hand over of keys is not possible. In this case the lessee has to make a new appointment for the following day. The lessor cannot be held liable for any cost incurred thereby. The rent is not to be substituted or reduced.
At the end of the tenancy period the apartment, as well as the provided items, appliances and furnishings must be returned in good order and condition and failure to do so may result in subsequent charging. The tenant has to return all the keys. The departure has to not be later than 10.00, unless agreed otherwise. In case the tenant does not check out in time, he is liable for all costs resulting therefrom. In addition the landlord has a right to charge for an extra day.
If the tenant stays in the apartment without consent of the landlord, the tenancy is not regarded as having been extended. In this case the landlord will charge utilization fees that correspond with the current prices.
If the lessee does not show up (“no show”) or stays in the apartment for a shorter period than agreed upon in the contract, the rent is not to be substituted or reduced. The landlord has a right to claim the full remuneration agreed upon in the contract.
- Cancellation and Change in booking
The lessee has a right to withdraw from the contract before receiving the keys. A cancellation of up to six months before the agreed date of arrival is possible without any charges. Should there be an already paid deposit amount, this will be refunded.
Shall the Tenancy Agreement enter into force within six months prior to the agreed date of arrival; it shall be governed by the following cancellation policy:
- In case of cancellation between six months and 30 days prior to the agreed date of arrival, the deposit will be converted into a rental credit note for one of the apartments. If the credit note is not redeemed within one year it shall expire automatically.
- In the case of cancellation of within 30 days prior to the agreed date of arrival or in the event of a no-show of the lessee , the lessee shall owe the whole rent amount regardless if the lessor has decided to rent the apartment to a third person or not.
Until the beginning of the rental period, the lessee can request that that a third person takes over his/her rights and obligations under the tenancy contract instead of him/her (a replacement). The lessor has a right to oppose the replacement based on personal and factual reasons. If a third person enters the contract, the lessee as well as the third person (the replacement) shall be jointly liable for the rent and also for the extra costs incurred by the entry of a third person.
- Duties and obligations of the tenant
The tenant is obliged to treat the apartment and the communal facilities with care. The tenant is expected to maintain the apartment and the furnishing in good and clean condition and to handle the provided appliances (e.g. washing machine, dishwasher) properly. The landlord has a right to terminate the Tenancy Agreement with immediate effect and with a good reason especially under the following circumstances:
- If the tenant suffers from a contagious or infectious disease or catches a disease that extends beyond the tenancy period or will be dependent on care for other reasons
- If the tenant uses the apartment in an adverse and reckless manner or behaves in an offensive, indecent or inconsiderable manner towards the neighbours and other residents especially if this violates against property rights, morality or physical security.
- If issued bills are not paid when due.
Occupancy of the apartment is restricted exclusively to the number of people listed on the Agreement. The landlord has a right to reject extra persons, if otherwise, the costs will be invoiced separately. Each additional person shall be charged the offered price per person per night.
Tenants are prohibited to rent or sublet an apartment to other persons. Transfer of the apartment to a third party is also emphatically prohibited.
Any complaints or defects in the apartment must be reported immediately and in writing so as to allow the landlord to act respond as fast as possible. Defects on the rental object, appliances and furnishings or dangers that may cause damages them must be reported immediately to the landlord. The Rental Applicant (contractual tenant) will be liable for all culpable damages caused by him/herself or his/her guests during the tenancy period, especially, for damages caused by improper handling of the appliances, negligence or damages caused by intention. Such damages or costs are for example: costs for repair, rebuilding, or even loss of keys, charges to hire a locksmith to open the door, negligent staining or damage of furniture or textiles, scorch marks, damages of any kind that may require professional repair etc.
Extra costs generated by excessive energy consumption or by cleaning due to dirt/staining that exceed the normal measure can also be invoiced to the tenant.
Should the tenant deny responsibility for any costs or damages incurred, the burden of proof rests with him/her.
Invoiced costs must be paid within seven days after receiving the invoice to the specified account belonging to the landlord. The contracting parties shall agree on a penalty of 40€,- per issued reminder, as well as a processing fee of the accrued amount and an interest for delay amounting to 5% per month.
Structural changes by the tenant, especially refurbishments fitting-ins and installations are specifically prohibited.
Should the lessor withdraw from the rental contract for unpredictable reasons due to severe or unavoidable circumstances or due to defects, maintenance or other operational requirements of the contract, the lessee has a right to choose to either withdraw from the contract without incurring any charges and to be refunded any paid amounts or to accept an equivalent alternative, provided that the lessor is in a position to provide this. In case of change of ownership or closure the lessor has a right to cancel the already existing bookings. In the above cases, liability is limited to the lessor refunding the amounts paid. Any further liabilities or compensations are excluded.
The tenant may not incur any legal consequences due to intermittent faults (water supply, electricity, heating, internet access, television, etc.) provided that these faults were not intentionally or negligently caused.
The tenant, as well as his/her fellow guests, explicitly declare that they will use the apartment, as well as all of the items in the apartments at their own risk and the landlord shall be exempted from all subsequent claims for compensation deriving therefrom. This exemption applies also to all goods and valuables belonging to the tenant or his/her guests. The landlord does not assume any liability for theft, loss or damage to property belonging to the tenant and his/her guests or for any injuries and diseases. This applies also to acts of negligence by the landlord and people mandated by the landlord.
The tenant will be liable for all damages and disruptions caused to the rented premises and the provided items as in so far as these exceed the normal tear and wear that would occur under proper use. This also applies for any damage or loss caused by third persons who are staying in the apartment with the consent of the tenant. (See point 7).
The invalidity of individual provisions does not entail the inefficacy of the entire contract.
The landlord or his authorized representative has a right to inspect the rented premises at an appropriate time of day after prior notification. In the event of imminent danger the landlord or his representative may immediately enter the rented premises at any time.
Pets and small animals (such as dogs, pet fish, hamsters, Canaries etc.) are only allowed after previous agreement.
All the rental premises are no-smoker premises. The tenants are requested to dispose garbage in the designed bins.
Forgotten items can be mailed on request and for a fee. The retention period is two weeks.
This contract will be governed by Austrian law. Vienna is the place of jurisdiction.