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General Terms and Conditions of Business

Status 1.May.2023

1. Definition
 

  • "Customer" means the natural or legal person who commissions Hello Fewo Apartmentswith the mediation and support of the living space for the short-term rental of the living space.


2. Contractual basis and scope of application
 

  • The following General Terms and Conditions ("GTC") shall apply to all business relations between us, Hello Fewo Apartments, owner Mrs. Sonja Hanslmayr, Thomas-Rhomberg-Straße 12 6850 Dornbirn (hereinafter referred to as "we/us") and the customer.

  • Customers of us are exclusively entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Businesses are any organizations of independent economic activity designed for the long term, even if they are not aimed at making a profit.

  • Unless expressly agreed otherwise in writing, these General Terms and Conditions shall apply to all contractual relations between us and the customer.

  • Contractual basis for the services to be provided by us to the customer are exclusively these GTC and the mediation and support contract (order form), which was concluded between us and the customer.

  • With the written signature of the mediation and support contract (order form) by the customer and us the customer and us, the GTC shall be deemed to be an integral part of the contract.

  • The GTC shall also apply to future transactions between the contracting parties, even if no express reference is made to them.

  • Deviations from the GTC require our express prior written consent to be legally effective in each individual case.

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3. Services of Hello Fewo Apartments

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  • The mediation and support actions are recorded in the mediation and support contract (order form). There, the services to be provided by us are described in detail.

  • We provide the agreed services according to the state of the art and with the care of a prudent businessman. This under best possible protection of the interests of the customer.-

  • We do not offer a 24h service, so requests after 20:00 clock may not be processed.

  • If it seems necessary to us for the fulfillment of the contract, we will grant the right, in particular cleaning and repair activities by third parties.

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4. Obligations and rights of the customer

 

  • The customer guarantees to have provided all information truthfully when initiating and concluding the contract.

  • The customer guarantees with the conclusion of the contract that we are authorized to rent the residential property at the agreed conditions. The customer assumes any liability towards third parties and authorities for claims that arise due to a lack of authorization.

  • We are under no obligation to check the data, documents and information provided by the customer for any ambiguities, incompleteness or inaccuracies.

  • It is the responsibility of the customer to inform us of any circumstances that may affect the proper execution of the mediation or support.

  • The insurance of the residential property and the objects contained therein is the sole responsibility of the customer.

  • We are only mediator and caretaker of the residential property for the customer. The rental contract is between the customer and the guests. Any claims for damages (e.g. due to damage to / in the living space caused by guests) arise exclusively against the guests.We expressly assume no liability for the actions of the guests.

  • The customer is responsible to pay the respective public and especially tax duties. Explicitly excluded from this is the payment of the guest tax.

  • The customer is responsible for the safety and ongoing maintenance of the residential property and undertakes to renew, replace or repair necessary wearing parts / lighting, equipment that has become defective due to normal wear and tear (eg vacuum cleaner, microwave, etc.) and inventory (such as kitchen utensils, shower head, blinds, defective windows, etc.) if necessary. The customer also undertakes to carry out the repairs, painting and maintenance work necessary for the upkeep of the residential property on an ongoing basis - such as the regular maintenance of the thermal bath or the regular inspection of the drainage pipes to prevent blockages, as well as the inspection of sockets, electrical installations etc. - and to inform us of this in good time so that the work dates can be coordinated with the guest bookings.

  • The residential property is to be completely and fully furnished and equipped for renting to constantly changing guests. If this has not yet been done, an inventory list can be provided to the customer.

  • Both contracting parties are obligated to promote the execution of the mediation and care order (order form) in content and on time. In the event of a guest complaint, the customer is obliged to cooperate with us to resolve any problems.

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5. Own use of the Apartment

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  • The customer's residential property(ies) are usually put online for rent on our homepage and various booking platforms within a maximum of 14 days from the signing of the contract. From this moment they are bookable for guests as well as for the customer. The customer is entitled to use his residential property up to a maximum of 6 weeks per year itself. For this purpose, the customer must announce the desired periods as soon as possible, whereupon these will be blocked for guests in the booking system. Periods already reserved by guests can no longer be blocked. For the periods of own use no commission is addressed by us. The final cleaning is done by us and will be charged to the customer.

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6. Prices and Terms of Payment

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  • The offered prices are daily prices and are valid until revoked. Price quotations are subject to change. Our prices are quoted in € (Euro). (The legal sales tax will be charged additionally in the respective valid amount). Any additional charges are to be paid by the customer. The respective method of payment is indicated in the invoice.

  • Invoicing takes place monthly in arrears. Payment shall be made no later than the 15th day of the respective following month.

  • The customer undertakes to pay the invoice amount within the specified period after receiving a separate service. - After expiry of this period, the customer is in default of payment and interest on arrears at the statutory rate is deemed to have been agreed. During the period of default, the customer shall pay interest on the monetary debt at a rate of 9.2% above the base interest rate. We reserve the right to claim higher default interest damages.

  • The customer undertakes to bear all costs and expenses associated with the collection of the debt, such as, in particular, collection fees or other costs necessary for an appropriate legal prosecution.

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7. Default of Payment

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  • In case of non-payment of open and due claims, we reserve the right of retention of the received key sets.

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8. Set-off

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  • The customer can only offset against our claims if the counterclaim is undisputed or a legally binding title exists.

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9. Termination
 

  • The contract is concluded for an indefinite period. The contract can be terminated in writing by either party with six months' notice to the last day of the month.

  • In the event of termination of the agency and support contract, claims for work already performed, open bookings and claims for damages in the event of untimely termination shall continue to apply. In the event of termination despite open booking(s) of guests, we expressly reserve the right to claim damages. Damages include lost profits as well as any damage to our reputation.

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10. Liability

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  • The customer is responsible for the accommodation object, especially its condition, quality, suitability, safety and the legality of renting it to the guests.

  • For any claims of guests due to cancellations by the customer, the customer is solely responsible. In this case, the customer is also liable for any claims made against us and must indemnify and hold us harmless.

  • We are not liable for damages caused by guests during their stay or by third parties during the performance of their work.

  • We are not liable for events of force majeure that make the contractual performance considerably more difficult for us or temporarily hinder or render impossible the proper execution of the contract.

  • Liability for slight and gross negligence on our part is excluded. The customer bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.

  • We are only liable for financial losses in the case of intent and gross negligence.

  • The contractual liability also never exceeds the replacement value of the damaged property.

  • We are never liable for fees. Fines, penalties, contractual penalties or similar sanctions imposed on theCustomer after an inspection or incident.

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11. Amendments

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  • We are entitled to amend provisions of this agreement that do not constitute primary performance obligations and do not reshape the contractual structure as a whole, with six weeks' advance notice. The respective amendment shall be notified to the customers in writing by sending them the new provisions. If the customers have not objected to the validity of the amended provisions within six weeks of receipt of the notification, the amended provisions shall be deemed accepted. We undertake to expressly draw the customers' attention to the possibility of objection and the significance of the six-week period when sending the amended provisions. We are entitled to change the provisions at any time and without notice for regulatory and/or legal reasons. We will also inform the customers in this case about the changes made.


12. Jurisdiction agreement and applicable law


  • For the resolution of all disputes arising from a contract - including those concerning its existence or non-existence - the exclusive jurisdiction of the relevant courts at our registered office is agreed.

  • Austrian law shall always apply to the contractual relationship between the customer and us. The UN Convention on Contracts for the International Sale of Goods is excluded.

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13. General and other provisions

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  • Should any provision of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of all other business provisions. The contracting parties shall replace the legally invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the legally invalid or unenforceable provision in terms of content and purpose.

  • Amendments or supplements to a contract must be made in writing. This shall also apply to any amendment of the written form requirement.

  • The use of subcontractors by us is always permissible.

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14. Data protection

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  • The protection of the personal data of our customers is an important concern for us. The personal data of the customers are collected in accordance with the statutory provisions. The same applies to their use and processing.

  • Personal data will be deleted by us if the customer revokes his consent to storage, if the data is no longer needed for the purpose for which it was stored, or if its storage has otherwise become inadmissible.

  • We always endeavor to protect the personal data of our customers managed by us against access by third parties by means of organizational and technical measures. In the case of correspondence by e-mail, complete data protection cannot be guaranteed by us.

  • The website www.hellofewoapartments.com uses cookies, i.e. data stored on the customer's hard disk. Cookies are a recognized method of identifying users when they return to the site, so they do not have to re-enter their personal information; only the cookie on the customer's computer is identified. Cookies also help us determine which areas of this website are in particular demand. In this way, this website can be better tailored to the needs of our customers. The storage of cookies can be prevented in most browsers by selecting the "Do not accept cookies" setting. Also, the customer can delete cookies from his computer. However, it can lead to functional restrictions of web offers if the customer does not accept the cookies.

  • Further information on our privacy policy can be requested at info@myapartmentservice.at.

  • We undertake not to disclose to third parties any confidential information which we have received from the customer or which we learn in the course of the contractual provision of services. This obligation only applies to information that the customer has marked or identified as confidential.

  • The confidentiality obligation does not apply to information that was publicly known, to information that we developed independently without reference to the information received from the customer, or to information that we received from a third party. In addition, the confidentiality obligation never prevents us from disclosing information if required to do so by law, a regulation issued by a competent authority, or a court of law.

  • By entering into the contract, the customer agrees to our Privacy Policy (available on website myapartmentservice.at/data-protection).

  • The customer agrees to advertise the apartment on Internet platforms and to publish photos of the apartment on the Internet.T-

  • We provide the services with the help of automation-supported data processing. With the conclusion of the mediation and support contract, the customer gives us his express consent to the processing of data that have become known in the context of contractual relations and are necessary for the processing of the order.

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