1.Scope
1.1. These terms and conditions apply to all contracts between the tenant and the landlord, the facts about the rental of holiday apartments for accommodation and for all other services provided to the tenant in connection with the accommodation and the regulate rental. You recognize the general terms and conditions (hereinafter referred to as “T&C’s) when you book or place your rental order in the form at the time of submission version applicable to the rental. The T&C’s regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version.
1.2. Definitions of terms:
“Accomodator”: Is a natural or legal person who accommodates guests for a fee.
“Guest”: Is a natural person who requires accommodation. The guest is usually at the same time contractual partner. Those who arrive with the contractual partner are also considered guests (e.g. family members, friends, etc.).
“Contractual partner”: Is a natural or legal person from within the country or abroad who, as a guest or on behalf of a guest, have concluded an accommodation contract completely.
“Consumer” within the meaning of these T&C’s is any natural person who carries out a legal transaction for the purposes of which is predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these T&C’s is a natural or legal entity person or a legal partnership that enters into a legal transaction in carrying out their commercial or independent professional activity.
The operator of the www.vienna-heights.com website is:
Dietmann Properties GmbH,
Kalvarienberggasse 64,
1170 Wien
UID: ATU79505117
Company registration number: 605065b
Please contact us if you have any questions, requests or complaints:
Email: office@vienna-heights.com
Telephone: +43 664 522 07 37
1.3.“Tenant” is any person who completes a legal transaction for private and/or business purposes. Renting is only permitted if you are at least 18 years old.
2. Conclusion of the contract
2.1.A contract is concluded when the tenant accepts the reservation order. A reservation order is created by the tenant’s active selection of one of the to be rented objects on the online platform. By the tenant following the specified steps of the online platform, the landlord will be notified of the rental request. After verification, the landlord confirms the receipt of the accommodation selection by the tenant, by the tenant receiving a booking confirmation by email from the landlord. The booking offer also contains the total amount to be paid by the tenant. The booking is only considered fixed once the property has been paid by the tenant. This represents the lawful conclusion of the contract between tenant and landlord.
2.2.With the booking confirmation, the tenant receives information about the payment and amount of the rental price, as well as information about the period of stay in the accommodation. Once the stated payment is received on time by the tenant, the rental agreement becomes legally binding for both parties. The tenant declares that he is in responsibility for the compliance of the contract obligations of all people traveling with him.
2.3.The contracts is concluded in German or English.
3. Services and prices
3.1. The scope of the contractual services result from the service description in the contract or booking confirmation. The service description on the internet was made to the best of its ability knowledge and conscience. However, there is no guarantee for errors that may occur.
3.2.The rental property may only be occupied by the number of people stated in the confirmation. Children are considered persons.
3.3.The landlord reserves the right to change the prices for the accommodation offered at short notice to fill occupancy gaps. Existing rentals and the associated rental agreement and booking confirmations remain unchanged in this case. The tenant cannot derive any claims against the landlord from any interim price changes.
4. Rental period
4.1.The rental period is specified in the rental agreement. Arrival is from 2 p.m. and departure is until 11 am. Deviations from this are only possible after consultation with the landlord. In this case, the landlord is entitled to demand a surcharge.
Check-out after 11:00 am 30€
Check-out after 12:00 am 50€
Check-out after 01:00 pm 75€
Check-out after 02:00 pm 100€
5. Due date and payment
5.1.Payment is due as soon as the tenant has received a booking confirmation by email. The costs for the landlord’s rented property without a due date are to be paid immediately without deduction pay. The landlord is entitled to declare accrued claims due at any time and to demand payment immediately.
5.2.In the case of late payment, the landlord is entitled to cancel the reservation.
5.3.The landlord is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter in the event of damage by the tenant to the landlord’s property.
5.4.Payment is made via the following payment methods:
- Credit card (Visa and/or Mastercard and/or American Express)
- Maestro card
6. Termination of the contract
Both contracting parties have the right to terminate the contractual relationship in the following ways:
- Termination
- Withdrawal or cancellation
- Extraordinary reasons
6.1.The tenant and the landlord are entitled to terminate the contract. The following provisions apply:
- Termination must be made in writing and presented to the other contracting party to be effective.
- In the case of termination by the tenant, the termination must be received on time (cancellation period). In the case of a dispute, the tenant must prove that the termination was communicated to the landlord in writing and in a timely manner.
6.2.Withdrawal or cancellation of the contract results in the reversal of the contractual relationship. As a result, both contracting parties must be positioned as if the contract would never have existed. The following provisions apply:
- Withdrawal/Cancellation of the contract by the tenant:
- The tenant can withdraw from the contract at any time by submitting a written declaration of withdrawal to the landlord.
- Free cancellations by the tenant (regardless of the booking date) are usually possible. However, the cancellation must be received by the landlord no later than 30 days before the booking arrival date.
- The cancellation or withdrawal will only be subject to a fee if it is canceled after the above-mentioned period or if the tenant does not show up on the arrival date, which is equivalent to a declaration of withdrawal. The landlord can then keep the advance payment.
- Exceptions will be agreed in writing by the service provider directly with the guest immediately after receipt of the reservation confirmation and therefore only apply to this case. For further exceptions to the same contractual partners, this can be agreed individually in writing between Dietmann Properties GmbH and the respective customer.
6.3.Withdrawal/cancellation of the contract by the landlord
If the required advance payment is not made on time, the landlord is also entitled to withdraw from the contract. The declaration of withdrawal or cancellation must be sent to the tenant in written form.
6.4.Extraordinary reasons that justify termination of the contract
Furthermore, the landlord is entitled to withdraw from the contract extraordinarily for objectively justified reasons. If force majeure or other expected immoral and/or unreasonable circumstances for which the landlord is not responsible make it impossible for him to fulfill the contract, the landlord is entitled to withdraw from the contract. For example, this would be the case if a customer booked an apartment by misleading or falsely stating essential facts. If the landlord also has reasonable grounds to believe that the use of the accommodation services by this customer endangers the smooth running of the business, the security or the public reputation of the landlord, the landlord can also withdraw from the contract without this being attributed to the landlord’s areas of authority and organization. In example:
- Disruptive behavior
- Accommodation of additional guests (for the duration of the use in violation of the contract, the landlord can demand a reasonable surcharge for overcrowding)
- The landlord must inform the tenant immediately of the exercise of the right of withdrawal. If the landlord withdraws with justification, the tenant has no right to compensation.
6.5.early departure or late arrival of the tenant
In the event of early departure or late arrival, the tenant is not entitled to demand a refund from the landlord due to an early departure or late arrival.
7. Liability
7.1.The tenant is liable for personal injury and property damage caused by him or the people traveling with him. This includes the loss of and damage to rental property, furnishings and everyday items, provided that they exceed normal wear and tear when handled with care. Parents are responsible for their children. The landlord assumes no liability for theft, fire or water damage to the tenant’s property.
7.2.If the keys are getting lost, the tenant is obliged to reimburse the resulting costs and damages.
7.3.No liability is accepted for lost property. They will only be returned upon request for a fee.
8.Obligations of the tenant
8.1.The tenant undertakes to treat the accommodation, including all equipment located therein, with care. All damage caused by the tenant or people traveling with him or his visitors must be reported to the landlord immediately. The tenant must compensate the landlord for any damage caused.
8.2.The tenant must adhere to the following house rules:
- Bringing pets is not permitted.
- The use of sleeping bags is not permitted.
- Any waste generated must be disposed of in the containers provided.
- The tenant must adhere to the prescribed rest times from 10 pm to 8 am.
- Smoking is prohibited in the accommodation. In case of disregard, we reserve the right to charge a penalty fee of 250€ for the extra cleaning efforts.
- Organizing parties is not permitted.
8.3.The online registration form must be completed by every guest and handed over to the landlord.
8.4.When checking out, make sure that all windows and doors are tightly closed. The landlord is not liable for damage to the tenant’s property due to burglary or theft.
8.5.The tenant must adhere to the regulations that can be seen on the website.
9. Warranty
9.1.In principle, the civil law warranty claims according to the contract law of the General Civil Code apply and if a consumer is involved, the provisions of the Consumer Protection Act also apply.
9.2.If any defects are discovered when moving into the accommodation, these must be reported to the landlord immediately. If the stay is significantly impaired as a result of a defect and the landlord does not remedy the situation within a reasonable period of time, the tenant is entitled to a rent reduction or termination. Termination of the rental agreement is also possible if use is made significantly more difficult or endangered by force majeure such as natural disaster, fire etc.
9.3.In this case, the rental price paid for the remaining term of the rental agreement will be refunded. Further claims are excluded.
10. Parking lots
10.1.Public parking spaces are available on the street (please note that there is a short-term parking zone in Vienna).
10.2.No liability is accepted for damage, break-in or theft of the vehicles.
11. Travel contract law
11.1.The landlord is not a tour operator. The regulations regarding the law of the tour operator, including his liability, therefore do not apply.
12. Severability
12.1.If individual provisions of the general rental and cancellation conditions are or become void, ineffective, contestable or unenforceable, the remaining provisions remain unaffected. The parties will then endeavor to find a permissible provision that comes as close as possible to the intend regulation.
13. Place of performance and jurisdiction
13.1.The place of fulfillment for all claims arising from the rental agreement is the place where the rental property is located, Vienna Austria.
13.2.The exclusive place of jurisdiction is the responsible local court in Vienna.