General Terms And Conditions
Ferienwohnungen Amethyst und Rosenquarz
4893 Zell am Moos
In the following terms and conditions is Gabriela May the landlord and tenant is the person whose name and signature are on the reservation. The addresses of apartments houses are: Greith 30
(Apartment Rosenquarz) and Greith 31 (Apartment Amethyst) 4893 Zell Am Moos, Austria. The rental contract comes into existence through the acceptance of the order from the tenant and the carried
out payment of the advance payment stated below.
The reservation through the tenant as well as all other verbal or written approvals to the rental agreement will be handled also as agreement to the following terms and conditions.
1. Contract/Advance payment
All rental contracts will be made under the suspensive condition of the immediate payment of an advance payment of 50% from the rental rate. The payment is timely, if it arrived on the account of the landlord within 4 business days. In case of later arrival of the advance payment basically no rental contract comes about, unless the landlord confirms after (late) arrival of the advance payment explicitly, that the rental contract comes about.
If you cancel the reservation at later point in time, our cancellation conditions apply according to point 5 - cancellation by the tenant.
The balance must be paid fully and in advance by arrival (Check-in) at the rental property. If the balance has not arrived at the landlord until this moment, the landlord is authorized to cancel the reservation without loosing
his right on cancellation fees. Additionally in this case, the tenant has to pay a no-fault contractual penalty in the amount of the advance payment. Further damages claims of the landlord remain unaffected.
3. Changes/Cancellations/termination by the landlord
If the fulfilment of the contract is not possible because of an event which needs to be considered as force majeure (e.g. elementary events, official orders, etc.), the landlord is anytime able to cancel the rental contract without observing a notice period, provided that the contract is not already considered as terminated by law. Any claims for damages, etc. (frustrated travel costs, etc.) of the tenant are excluded in this regard.
The landlord is authorized to cancel the rental contract as of now because of important reasons, especially if the tenant makes significant abuse of premises or if the tenant behaves grossly improper.
4. Cancellation by the tenant/early departure by the tenant
It is agreed, that, if the tenant wants to cancel his reservation fully or partly or if the reservation will be cancelled by the landlord because of non-payment, the landlord has the right on the following percentages of the
full rental costs: from the date of the reservation generally 50% and less than 8 weeks before arrival: 100%. The apartment Amethyst can be rented by a maximum of 10 persons for a specific duration. The apartment Rosenquarz can be rented by a maximum of 4 persons for a specific duration. In case of an early departure (caused by reasons of the tenant) the full rental costs need to be payed nevertheless and no price minimization takes
place. A possible saving of the landlord will be retained as a contractual penalty. The conclusion of a trip cancellation insurance is strongly recommended. Cancellations must be done written and must be sent per e-mail.
They are valid only after the receipt of the message was confirmed by the landlord.
5. Property & Behaviour
The tenant is obliged to take care for the property and to use the contents and furnishing properly. He is also liable to leave the property behind in a clean and reasonable state. This holds especially for the kitchen.
The own garbage needs to be separated and deposed in the intended thrash can (at the parking lot right behind). No furnishings like sofa, bed, benches, etc. must be shifted. The tenant is obliged to behave considerately towards neighbours, especially in case of residing in the garden and to respect their quiet and privacy at all times. In the house must not be smoked. Cigarette-ends on the terrace and in the garden must be disposed of.
The tenant takes to the knowledge and agrees, that the landlord can access the garden for garden maintenance (lawn mowing, cutting hedge, etc.) at any time also without pre-announcing.
The deposit is €500,- and must be paid at arrival (Check-in) in cash. The tenant is liable for all damages to the property and its furnishings, which were caused by him and his fellow travellers, visitors and guests.
The deposit serves especially as guarantee for the corresponding demand for compensation of the landlord. In case of detected damage at the return of the rental property, the landlord will retain the full deposit independently of the height of the extent of damage and will order an expert company for the removal of defects at the tenants costs and deducts the invoice amount from the deposit. In case of existence of a deposit-rest, it will be transferred by the landlord to the tenant to an account intimated by the tenant. Should the damage be higher than the deposit, is the tenant obliged to transfer the rest amount to the landlord immediately after accounting. The deposit will be delivered again in cash to the tenant at the departure, provided no damages were detected.
The landlord offers the property as shown on the website "www.ferienwohnungen-may.at". The property was built according to the state of the art. The landlord is not liable for damages, accidents etc., which have their root cause in the behaviour of the tenant. The liability of the landlord is also excluded for light negligence. The landlord takes no liability for valuables brought in by the tenant and ensures the tenant not to bring valuables to the property respectively to have access to a sufficient insurance for the loss/destruction/theft of valuables.
The usage of the internet with a false name, the download of illegal contents as well as the improper usage of the internet under austrian and international law is prohibited.
9. Amount of persons/children
Only these persons, which are stated in the reservation, are allowed to use the property. The amount of persons must not exceed the maximum sleeping places. Should the landlord find more persons than agreed, it lies in his measure to require that those must leave the house. Children are to be supervised.
10. Business use
The rental prices do not relate to the usage of the property for commercial purposes, photo shootings or filming. Such an usage is only allowed with a written permission of the landlord. Private celebrations, weddings, wedding receptions, or other big events are not allowed without a written permission of the landlord. Camping or other ways of camping out overnight (Camping van, etc) are not allowed on the property.
Pets are allowed on the property and in the house only on request.
Dimensions, descriptions, and equipment of the property are exemplary and so they can deviate.
The cleaning of the apartments will be done generally after departure. For stays which last longer than one week, the landlord can undertake an additional necessary cleaning of the apartments and will invoice these additional cleanings to the tenants.
14. Arrival and departure
The tenant has the right, if the landlord does not offer other check it times, to check-in in the time between 15:00 o´clock and 18:00 o´clock of the agreed day. The rented apartments are to vacate on the day of departure in the time between 8:00 o´clock and 10:00 o´clock. The landlord has the right to invoice an additional day, if the departure does not take place timely.
15. Choice of law/jurisdiction/miscellaneous
Austrian law applies excluding the rules of international private law as well as UN sales law.
The place of performance is the place where the property is located.
The place of jurisdiction is the court that has jurisdiction over the rental property agreed (currently BG Vöcklabruck / LG Wels).
Zell Am Moos, in February 2019