TERMS AND CONDITIONS FOR THE RENTAL OF APARTMENTS OF FINK APARTMENT RENTAL KG
§ 1 . Validity of the Terms and Conditions (1) These General Terms and Conditions apply to contracts for the rental of apartments for accommodation as well as all services and deliveries of the provider rendered to the guest. The services of the provider are exclusively based on these terms and conditions. (2) The subletting or re-letting of the rented apartments and their use for purposes other than residential purposes require the prior written consent of the provider. (3) Terms and conditions of the guest apply only if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking / Booking Confirmation Please enter your booking request via the booking request or please write to firstname.lastname@example.org or call us. If we can provide you the desired apartment in the desired period, we will send you a written confirmation of the booked apartment and the bill after arrival. The reservation for the apartment is valid upon receipt of the booking confirmation.
§ 3 Terms of Payment The down payment of 20% of the total amount must be transferred to our account immediately after the booking confirmation. The balance is due no later than 21 days before arrival. For short-term bookings immediately after receipt of invoice. In the event of default of payment, we are entitled to demand the applicable statutory default interest at the rate of currently 5% above the base interest rate. For each reminder after default, the customer has to reimburse dunning costs in the amount of 15.00 Euro to us. All other costs incurred in the collection are borne by the customer. Costs of payment, in particular for transfers from abroad, shall be borne by the customer. All bank transfer fees are fully paid by the renter, i. our bank account has to be credited the full invoice amount free of charge. For the valid payment options please refer to the booking platform or homepage.
§ 4 Arrival and departure On the day of arrival, the apartment is available from 16.00 clock. If you arrive after 20:00, this must be arranged in advance. For key collection please contact us by phone or e-mail 3-5 days prior to arrival. Claims for damages can not be asserted if the apartment can not be ordered punctually at 16:00. On the day of departure, the apartment must be left until 10:00 in the morning. The landlord reserves the right to charge a late departure. The apartment has to be left swept clean on the day of departure. The dishes, glasses, etc. are to be cleaned and given, the trash can emptied and the refrigerator cleared.
§ 5 Apartment The apartment will be handed over by the landlord in a neat and clean condition with complete inventory. Should defects exist or occur during the rental period, the lessor is to be informed thereof immediately. The renter is liable for the damage caused to him by the rental object, the inventory of e.g. broken dishes, damage to the floor or furniture. This includes the cost of lost keys. Replacing a cylinder lock with 3 keys costs 50,00 Euro. The inventory is to be treated carefully and carefully and only for the whereabouts in the apartment. The adjustment of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travelers. Damage caused by force majeure is excluded. In case of breach of contract, such as subletting, overcrowding, disturbance of the peace of the house, etc., as well as non-payment of the full rental price, the contract can be terminated without notice. The already paid rent remains with the landlord. If liability insurance exists, the damage must be reported to the insurance company. The landlord is the name and address, as well as the insurance number of the insurance.
§ 6 Pets The accommodation of pets of any kind is allowed in the apartment only after prior written consent of the provider. For the accommodation of animals, the provider requires a reasonable surcharge. If animals are accommodated without the prior consent of the provider, they can charge a cleaning fee of up to 100.00 euros (net).
§ 7 Stay The apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed, a separate fee is to be paid for this, which is determined in the rental price. The landlord also has the right in this case to terminate the lease without notice. A sublease and transfer of the apartment to third parties is not allowed. The lease may not be passed on to third parties. The renter agrees to the general terms and conditions as well as the house rules of Fink Appartement Vermietung KG. The consent is given with the payment. In case of violations of the general terms and conditions or the house rules, the landlord is entitled to terminate the lease immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.
§ 8 Cancellation In case of withdrawal from the rental contract, the renter is obliged to pay part of the agreed price as compensation. A cancellation must be made in writing. The amount of the compensation depends on the time up to the day of arrival and is as follows: up to 60 days before the arrival day 20% of the agreed price up to 45 days before the arrival day 40% of the agreed price up to 30 days before the arrival day 60 % of the agreed price up to 15 days before the arrival day 80% of the agreed price 7 days before arrival or no-show 100% of the agreed price The conclusion of a travel cancellation insurance is recommended.
§ 9 Cancellation by the landlord In the event of cancellation by us, in consequence of force majeure or other unforeseen circumstances (such as in the event of accident or illness of the host) and other circumstances beyond our control make fulfillment impossible; liability is limited to the reimbursement of costs. In the case of justified resignation, no claim of the customer for damages arises - liability for travel and hotel costs will not be assumed. A resignation by the landlord can be made after the beginning of the lease without observing a period if the tenant persistently disturbs other tenants despite a warning or behaves in breach of contract to such an extent that the immediate cancellation of the lease is justified.
§10 Liability of the landlord The landlord is liable within the framework of the due diligence of a proper businessman for the proper provision of the rental property. A liability for possible failures or disturbances in water or electricity supply, as well as events and consequences by force majeure are hereby excluded.
§11 Use of Internet access via WLAN
§11.1. Permission to use Internet access via WLAN The landlord maintains in the apartment Internet access via WLAN. It allows the renter to share WLAN access to the Internet for the duration of his stay. The renter does not have the right to allow third parties to use the WLAN. The landlord does not warrant the actual availability, suitability or reliability of the internet access for any purpose. He is entitled at any time to permit the use of the WLAN completely, partially or temporarily other co-users and restrict the access of the lessee completely, partially or temporarily, or exclude, if the connection is misused or was used, as far as the landlord must therefore fear a claim and can not prevent this with usual and reasonable effort in a timely manner. In particular, the Lessor reserves the right, in its sole discretion and at any time, to block access to certain pages or services via the WLAN (for example violent, pornographic or paid sites).
§11.2. Access data Use is by means of access security. The access data (password) may under no circumstances be passed on to third parties. If the lessee intends to grant third parties access to the Internet via the WLAN, this shall be subject to the prior written consent of the lessor and the acceptance of the provisions of this user agreement by the third party documented by signature and complete identification. The renter undertakes to keep his access data confidential. The landlord has the right to change access codes at any time.
§11.3. Dangers of WLAN use, limitation of liability The lessee is advised that the WLAN only allows access to the Internet, virus protection and firewall are not available. The traffic generated using the WLAN is unencrypted. The data may therefore be viewed by third parties. The landlord expressly points out that there is a risk that malicious software (such as viruses, Trojans, worms, etc.) may reach the terminal when using the WLAN. Use of the WLAN is at your own risk and at the hirer's own risk. The hirer assumes no liability for damage to the renter's digital media caused by the use of the internet access, unless the damage was caused intentionally or through gross negligence by the lessor and / or his vicarious agents.
§11.4. Responsibility and indemnification of claims For the data transmitted via the WLAN, the paid services used in this case, unfulfilled legal transactions, the tenant is responsible. If the tenant visits paid websites or incurs liabilities, the resulting costs are borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, it will: use the WLAN neither for the retrieval nor for the distribution of immoral or unlawful content; do not unlawfully reproduce, distribute or make accessible any copyrighted goods; this applies in particular in connection with the use of file-sharing programs; adhere to applicable youth protection regulations, do not send or distribute harassing, defamatory or threatening content, and do not use the WLAN to send bulk messages (spam) and / or other forms of improper advertising. The lessee indemnifies the landlord of the holiday property from all damage and claims of third parties, which are based on an illegal use of the WLAN by the lessee and / or a violation of this agreement, this also extends to the use or their defense related costs and expenses. If the lessee recognizes or must realize that such a breach of law and / or such a violation exists or threatens, he points out the landlord of the holiday property to this circumstance.
§12. Written form Other than in this contract listed agreements do not exist. Verbal agreements were not made. The terms and conditions are accepted with the booking.
§13. Severability clause Should one or more provisions of these terms and conditions become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one, which comes closest to the economic purpose pursued by the ineffective provision.
§ 14 Jurisdiction: The district court Dornbirn is responsible for any disputes arising from the contractual relationship.