Terms and Conditions of Rental
Hauptplatz 3, 8010 Graz, Austria
Landlord: Carmen Carola Schoberwalter-Jöstl
Tenant: Guest who has made the booking and his/her companions
The CITYdeLIGHTS apartment is offered exclusively as a holiday flat for relaxation or leisure purposes or for a short-term business stay, but not as a principal residence. The tenant expressly accepts this. The tenant confirms that he/she has another habitual or principal residence. Any other than the aforesaid use shall result in the immediate termination, without notice, of the rental agreement.
Booking and rental agreement
Booking requests can be communicated personally, by telephone, fax, mail, e-mail or through the website. By sending the booking request, the tenant declares that he/she is willing to conclude a tenancy agreement based on the terms and conditions set out herein. The transmission of the booking confirmation by the tenant, whether by mail, e-mail or fax, constitutes the binding conclusion of the agreement. If a written confirmation was not possible for shortage of time and the apartment was booked by telephone, the very provision of the apartment shall be deemed to constitute the conclusion of the agreement.
Services and price
The apartment is let to the tenant for the specified duration of the agreement, and its occupancy is limited to the maximum number of persons stated in the tenancy agreement. The contractually agreed services are as defined on the website of the apartment and in the booking confirmation. The price includes accommodation, electricity, water, heating, Internet access, linen and towels. A flat rate for cleaning and the guest’s/visitor’s tax are additional costs accruing to the tenant, of which he/she will be notified in the offer or in the tenancy agreement. They are also shown on the Internet site of the apartment.
All prices are quoted in EURO including value added tax at the applicable rate.
If a booking is made more than 3 months in advance, the landlord reserves the right to increase the prices by max. 10% for objectively justified and unforeseeable reasons (increase of duties, taxes, charges or similar). All changes of the rental price shall be clarified immediately. If prices increase in excess of 5% of the total price of the rent, the tenant may withdraw from the tenancy agreement free of charge within 10 days.
The deposit of €350 must be paid by bank transfer, credit card or in cash before the tenant moves into the apartment. The deposit shall be refunded within 14 days after the end of the tenancy period – provided that the apartment is free of defects upon departure – to the account specified by the tenant, respectively put back on the credit card.
A guaranteed booking requires the payment of a deposit with a valid credit card of the tenant.
The deposit is 50% of the agreed price of the rent. It is payable by the tenant upon the receipt of the written booking confirmation from the landlord, either by bank transfer to the landlord’s account or by credit card. If the downpayment is not received by the landlord within 7 days after the date of the booking confirmation, the landlord may terminate the agreement without prior notice and cancel the booking. The remaining amount must be paid to the landlord, at the latest on the day of arrival, in cash or by credit card. If the tenant is unable to make a deposit by credit card, he/she must pay the remaining 50% by bank transfer at the latest 14 days before the day of arrival.
Before payment of the full amount of the rent, the tenant cannot demand the provision of accommodation within the scope of the tenancy agreement.
All cancellation and rebooking fees are due immediately.
Payment transaction costs shall be at tenant’s expense.
No foreign currencies are accepted.
The place of performance for all payment obligations is Graz.
Arrival and departure
On the day of arrival, the landlord shall provide the accommodation from 15.00 CET (3pm) in the contractually agreed condition. The keys shall be handed over on location at the time arranged by telephone. If the tenant checks in after 21.00 CET (9pm), the landlord may invoice a charge of € 25. The tenant shall check out on the day of departure by 11.00 CET (11am) at the latest. Any additional costs caused by late check-out (claims for compensation by the next tenant, increased cleaning costs etc.) shall be borne by the tenant.
All exceptions must be arranged with the landlord in advance and confirmed in writing.
Change/amendment of the agreement
If the tenant wishes to change the start and/or duration of the tenancy, and always subject to availability, the rate shall always be the price for the new tenancy period. The landlord may request a rebooking fee.
If there are any changes of the service, the tenant shall be informed forthwith. Provided that such changes are more than minor, the landlord shall offer the tenant the possibility of withdrawing from the agreement free of charge within 10 days.
Until the start of the tenancy, another suitable person may take the accommodation – upon due notification of the landlord – in the tenant’s place. An increase of the number of persons is only possible up to the maximum number of occupants as stated on the Internet and will be charged for in accordance with the price list. Any such increase is always subject to the express approval of the landlord. No money shall be refunded if the actual number of persons is less than the booked number of persons and if the times of arrival and departure of individual persons change.
As a general rule, in case of a premature departure the remaining amount corresponding to the unused accommodation/service shall not be refunded unless the accommodation is let to another tenant during the unused period.
Termination / terms and conditions of cancellation
As a general rule all cancellations must be made in writing.
Termination by the tenant
If the tenant does not use the contractually agreed accommodation/service, he/she shall pay the following cancellation fees for the booked period (% of the overall rent). The relevant periods shall always start on the date and time of receipt of the tenant’s written cancellation by the landlord:
• up to 61 days before arrival: free of charge
• 60 to 31 days before arrival: 50%
• 30 to 15 days before arrival: 75%
• 14 days until the last day before arrival or no-show: 100%
The cancellation fees may be deducted from the downpayment. If the cancellation fees exceed the amount of the downpayment, the landlord may charge the balance to the tenant’s credit card. The amount of the aforementioned flat-rate cancellation fees has been determined in consideration of the savings resulting from unincurred expenses and the presumable possibility of letting the apartment otherwise. If the apartment can be let at short notice during the period to which the tenant’s cancellation refers, no cancellation fee will be charged.
A travel cancellation expenses insurance is not included in the rent. The conclusion of a travel cancellation expenses insurance and other more comprehensive insurances is recommended.
Termination by the landlord
The landlord may terminate the tenancy immediately without prior notice if the tenant, having been appropriately warned, continues to disturb other residents of the house, or if his/her actions put others at risk, or if he/she otherwise violates the agreement. In this case the tenant shall forfeit the paid rent. Any increase of the costs of the return journey shall be for tenant’s account.
If the tenant is unable to arrive on the planned date because all ways of getting to the destination have been foiled by unpredictable, exceptional circumstances (e.g. extreme weather, natural disasters), the tenant is not obliged to pay the agreed rent for the days of his/her prevented arrival. However, this is subject to immediate notification of the landlord. The obligation to pay the rent for the booked accommodation shall be resuscitated from the date when an arrival within three days is possible again.
If an unpredictable uninhabitability or force majeure (e.g. natural disasters or epidemics) should make it considerably more difficult, put at risk or negatively affect the ability to let the accommodation, the tenant may terminate the agreement before and during the term of the agreement. In the event of a termination the prepaid rent for the period during which the tenant did not use the apartment shall be refunded to him/her immediately. No other claims are possible.
If a departure at the end of the term of the tenancy is impossible due to force majeure, the landlord may extend the period of accommodation applying the same prorated costs, always providing that the apartment is still available.
The landlord is responsible for the correctness of the description of the accommodation and shall provide the contractually agreed services properly throughout the entire period of tenancy.
The landlord cannot be held liable for a short-term failure of furniture, fittings and equipment, of the public supply network etc. A price reduction on such grounds is not possible.
The landlord is not responsible for defective or decommissioned technical equipment if this had not been known by or communicated to the landlord. After the landlord shall have gained knowledge of such defects, a replacement shall be organised at the earliest possibility.
The landlord is free to change the furniture, fittings and equipment of the apartment.
The landlord is not responsible for cases of force majeure (e.g. fire, flooding etc.).
It is understood that the tenant uses the roads to the apartment, the apartment, the staircases and the furniture, fittings and equipment at his / her own risk.
The landlord is not responsible for burglary, theft, loss or damage of objects (including money and valuables) introduced by the tenant in the apartment. The safekeeping of the tenant’s attire, musical instruments, electronic devices and other objects is the tenant’s responsibility.
The landlord does not accept any liability – whether vis-à-vis the tenant or third parties – for accidents in the apartment. Furthermore, the landlord is not liable for inconvenience or disturbances outside his sphere of responsibility or occasioned by third parties.
The tenant is entitled to enter the apartment in cases of imminent danger or whenever there is a specific need to do so, for instance to make urgent repairs.
Duty to exercise due care
The tenant shall practise due care when using the apartment including its furniture, fittings and equipment. The tenant is liable to replace damaged or destroyed items of furniture, fittings and equipment, rooms or the building if such damage was culpably caused by him/her or his/her companions. In the event of any failures concerning furniture, fittings and equipment of the apartment, the tenant shall do his/her utmost to contribute to the repair/removal of the defects and to keep any resulting damages as low as possible.
The tenant is obliged to notify the landlord promptly of any defects concerning the apartment. If the tenant should fail to so notify the landlord, he/she cannot assert any claims on the grounds of non-fulfilment of the contractual services (in particular the tenant cannot demand a reduction of the rent). Any items on the inventory list that are missing shall be reported to the landlord at the latest on the day following the tenant’s arrival.
Liability for damages
The tenant is liable for the full amount of all damages to the apartment caused by him/her during the period when he/she used the apartment. The tenant is responsible for any loss, destruction or damage to objects caused by him/her. The tenant shall immediately report all damages that have occurred in the rented accommodation – insofar as the tenant is not obliged to remove the damages himself/herself – to the landlord or the contact office appointed by the landlord. The tenant shall indemnify the landlord for all consequential damages attributable to the failure to report the original damages in time. Missing inventory objects not reported as described under “Notification requirements” shall be invoiced to the tenant. The landlord is obliged to send to the guest a written notification of and invoice for all such damages/losses within 7 days upon the latter’s departure.
In the case of imminent danger the tenant shall immediately notify the landlord personally or by telephone.
It is the tenant’s own responsibility to comply with all laws and regulations that apply to his/her journey (passport, visa, health regulations). All disadvantages, in particular the payment of cancellation costs resulting from the failure to comply with these regulations, shall be at tenant’s expense.
If the tenant should lose the keys to the apartment, he/she shall pay a compensation of €100 per set of keys.
Compliance with special rules
• The minimum age for our young guests is 10 years.
• Smoking is prohibited in the interest of ALL guests.
• Pets are not allowed.
• No waste, ash, aggressive liquids or similar may be dumped or poured into the sink, washbasins, dishwasher or toilet. In the event of a blockage of the sewage pipes as a result of a violation of these rules, the person responsible shall pay the costs of repair.
• Please do not take any items from the apartment outside (towels to the swimming baths or similar).
• Sleeping hours 22:00 to 07:00: Please avoid loud music, slamming of doors and other disturbing noises. Please set TV, radio, etc. to a moderate volume. The landlord may order the tenant stop or prevent undue noise.
• Please ventilate the apartment sufficiently. If applicable, please turn the heating down while the windows are open.
• Please close all windows when you leave the apartment.
• Please pull off the key card when you leave the apartment. This will automatically switch off lights and all equipment (with the exception of the dishwasher and the fridge).
• Bins for separate waste collection are available.
When the apartment is returned, it must be in the following condition: clean swept, waste removed, dishes washed, windows closed.
• Any items found in the apartment that have been left behind shall be sent to the tenant upon request on freight collect basis (not prepaid). The landlord shall keep any such items for a period of 2 months.
No ineffectiveness of any of the provisions of these General Terms and Conditions shall affect the validity of its remaining provisions. In this case, the invalid provision shall be replaced by another provision whose content reflects the content of the original but invalid provision most closely.
Side agreements with arrangements that do not coincide with the content of these Terms and Conditions or Service Specifications must be expressly confirmed by the landlord. Oral arrangements are null and void unless confirmed in writing by the landlord.
All information shall be provided to the best of landlord’s knowledge, but without guarantee.
The landlord reserves the right to correct errors as well as printing and calculating mistakes.
Place of performance and venue: Graz, Austria. Subject to Austrian law.
General Terms and Conditions of Business as per July 2015