Terms of Service

General Terms

 

  1. All prices listed include taxes and overnight tax. For the use of the parking lot EUR 6.50 per day and per car is charged.
  2. The costs for the entire stay are to be paid in advance at the check-in machine by credit card or debit card.
  3. The following services are included in the price: Internet use; Equipment such as bed linen, bathroom and table linen, cookware and tableware. The use of the fitness room, the sauna and the laundry room are chargeable. Electricity, heating and water with normal consumption are included, with any excessive consumption being adequately compensated. The use of the leisure facilities such as fitness room, sauna of the facility is at the customer’s own risk
  4. The lessor is not obliged to accept foreign currencies. All costs are to be paid in EUR.
  5. Default in payment: In the event of default in payment by the lessee, 9% default interest per commenced month of default shall be agreed. If the contract is a consumer transaction for the lessee, interest at the rate of 5% per year is agreed.
  6. The lessee is not entitled to offset his own claims against claims of the accommodation provider.
  7. The month of the start of the existing contract is agreed as the reference month.
  8. Extension: If the lessee continues to use the existing property, the existing relationship is deemed not to have been extended. An extension requested by the lessee must be coordinated with the lessor in good time. It is expressly stated that a conclusive contract extension is excluded.
  9. Check-out: Check out is until 10 a.m.. If the apartment is not vacated by 10 a.m., an additional night will be charged to the user.
  10. Check-in is possible from 3 p.m. An earlier check-in or early check-in must be agreed with the lessor and is chargeable.
  11. For pets – although normal pets are allowed, provided they are not expected to be dangerous or excessively impaired by noise or smell, a fee of 6 EUR per night is charged. List dogs are not allowed. In the event of extraordinary soiling, the lessor reserves the right to charge appropriate surcharges for the final cleaning.
  12. Early termination: If the lessee uses the existing property for a shorter period of time than contractually agreed, he is not entitled to any replacement or reduction of the flat-rate fee.
  13. Withdrawal from the contract: Consumers can withdraw from a contract concluded at a distance (exclusively via the Internet, telephone conversation, correspondence) in accordance with Section 30a KSchG within 7 working days of the conclusion of the contract, by registered letter, fax or registered e-mail, whereby Saturday does not count as a working day and sending the declaration of withdrawal within the deadline is sufficient.

Except in the case of exercising a right of withdrawal according to § 30a KSchG, withdrawal by unilateral declaration by the lessee is only possible with payment of the contractually stipulated cancellation fees.

  1. Passport, visa and health regulations: There are different entry, passport, visa and health regulations for stateless tenants and, depending on the nationality of the tenant, in Austria, about which the tenant must inform himself at the responsible consulate. The lessor is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation.
  2. An occupancy of more than the specified maximum number of people is not permitted without the written consent of the lessor.
  3. All agreements and side agreements that were not listed in the offer require the consent of the lessor.
  4. When handing over or checking in the existing property, a registration sheet must be completed; For stays of 2 months or more, a report must be made to the relevant magistrate. For short-term stays, the registration at the check-in machine must be completed.
  5. Upon termination of the existing contract or upon check-out, the existing property must be returned in an unchanged and orderly condition. The chip card is to be deposited in the mailbox of the owner “Greenpoint”. If damage to the existing property or the lack of fixtures and fittings are found when restoring the property, the cost of repairing the damage must be determined by authorized specialists within 30 days of the return of the existing property. In the event of missing furnishings or equipment, the replacement value of these objects (purchase price of the lessor including VAT) is agreed as the amount of compensation.

The amount of damage determined as above shall be deemed final between the contracting parties and shall be determined by mutual and express waiver of any further objection or legal challenge. After determining the cost of repairing the damage, the lessor will invoice the lessee, which is to be paid immediately by the lessee.

  1. Items left behind by the Lessee will only be forwarded at the request, risk and expense of the Lessee. The lender keeps the items for three months; then, if there is a recognizable value, they are handed over to the local lost property office. If there is no recognizable value, the lessor reserves the right to destroy it after the period has expired.
  2. Loss of keys and access cards: If the keys are lost, the lessee has to pay a compensation amount of € 250.00 (including VAT) for the cylinder exchange. If the admission card is lost, the customer has to pay an amount of € 20.00 (including VAT) per card to purchase a replacement card
  3. The lessee has to treat the existing property including all furnishings and fittings carefully and carefully, to keep it in a proper and clean condition and to repair any damage at his own expense or to have it repaired by the lessor at his own expense. In the case of self-repair, with the exception of “minor damage”, only commercially authorized specialists may be commissioned for this purpose. Any damage or technical defects that have arisen or occurred must be reported to the lessor immediately.
  4. Any transfer of the existing property, whether in return for payment or free of charge, in part or in full, to third parties is prohibited.
  5. The lessee is only permitted to use the serviced apartments for residential purposes and this exclusively for the agreed purpose of using it as a temporary second home due to a change of location caused by the customer’s employment or for purposes of recreation or leisure. 
  6. Temporary disruptions to the energy and water supply as well as temporary defects in technical systems and equipment in the existing property or the contractual residential complex do not give rise to any entitlement for the customer to reduce the agreed flat-rate fee, unless these defects or disruptions were culpably caused by the lessor. The same applies to disruptions or impairment of use due to natural events and external influences, such as noise and dust.
  7. Access to the existing property by employees of the lessor on site:
  • The lessee acknowledges that the lessor carries out a quality control of the property once a month. The lessor is entitled to carry out this check up to once a week if necessary. Furthermore, the lessee grants the lessor access in the event that various technical defects have to be remedied and for maintenance or cleaning purposes.
  • The lessor is entitled to have the property inspected by a person interested in subsequent use after giving the lessee a reasonable advance notice.
  1. Maintenance of the existing property:
  • The lessee is not permitted to remove furniture and equipment (especially bed or bathroom linen) from the existing property or to make any changes in the existing property itself – in particular of a structural or technical nature.
  • If the tenant detects an infestation of the apartment by vermin, he is obliged to immediately initiate or order all necessary and appropriate eradication measures and to notify the lessor immediately.
  • The existing property is a non-smoking apartment. Barbecuing or working with an open fire – even on the terrace or loggia – is prohibited.
  • Separation and disposal of waste is the responsibility of the tenant.
  1. Early termination of the contract:

The Lessor is entitled to terminate this contract with immediate effect without observing a deadline,

  • if the lessee deliberately damages the existing property, verbally or physically attacks other residents or employees of the lessor, or in any other way makes “significantly disadvantageous use” of the existing property;
  • if the lessee fails to meet a payment obligation from this contract, in particular the obligation to pay the agreed advance payment for online booking, despite a written reminder with a grace period of at least 8 days;
  • if the lessee persistently and despite a written warning, setting a grace period of at least 8 days, does not meet his obligations under this contract;
  • in cases of force majeure or if other circumstances not attributable to the lessor make it impossible to fulfill the contract;
  • if misleading or false information from the lessee about essential facts, e.g. The contract is concluded in the person of the lessee or the purpose of the conclusion of the contract or was initiated by the lessee;
  • if the lessor has reasonable grounds to believe that the use of the contractual service could endanger the smooth business operations, the security or the public reputation of the lessor.

The lessee acknowledges that violations or circumstances within the meaning of the above endanger the proper management of the house and are therefore to be regarded as important and significant circumstances that optionally entitle the lessor (instead of declaring the premature termination) to comply with this contract cancel with a 10-day notice period

  1. All transfer fees are borne by the lessee.
  2. The provision of Internet (wireless LAN) is a voluntary additional service by the client. The availability of the Internet (wireless LAN) is therefore not owed by the lessor, so that the lessee cannot claim a reduction in the flat-rate fee due to non-availability. All consequences of improper and excessive use of the network infrastructure (viruses, exceeded download volume, etc.) are to be borne by the lessee.
  3. Likewise, the unavailability of other technical  facilities (such as elevator, air conditioning, TV, radio, etc.) or short-term electricity, gas and water network, no claims can be asserted, unless these were explicitly agreed upon when the contract was concluded (e.g. elevator for disabled persons).
  4. The lessor is not liable for theft (including through break-in) or loss of valuables brought in.
  5. The Lessor is not liable for defective or out-of-service technical devices, insofar as these were not known to him or were made known to him. He must arrange for a replacement as soon as possible after it becomes known.
  6. The Lessor is not liable for inconvenience or nuisance caused outside of his responsibility or by third parties.
  7. Price increases after the conclusion of the leasing contract for objectively justified and unforeseeable reasons (increase in fees, taxes, levies or the like) are possible to the extent that verifiable facts justify this. Changes to the usage fee are to be reported to the lessee immediately. In the event of price increases of more than 5% of the total flat fee, the lessee can withdraw free of charge within 10 days.
  8. Austrian formal and substantive law applies exclusively to this contract. For any disputes arising from the contract – also for check and bill of exchange disputes – the exclusive jurisdiction of the District Court of Wiener Neustadt is agreed in accordance with § 104 JN.

If the lessee violates the above-mentioned or other obligations of this contract, he is obliged to reimburse the lessor for all damages and costs resulting from this. The lessee acknowledges that, in particular, persistent violation of point 26 “Maintenance of the existing property” entitles the lessor to prematurely dissolve or terminate the existing contract (see point 27 “Premature termination of the contract”).

  1. Provision of alternative accommodation
  • The accommodation provider can provide the contractual partner or the guests with adequate alternative accommodation (of the same quality) if this is reasonable for the contractual partner, especially if the deviation is insignificant and objectively justified.
  • An objective justification is given, for example, if the room (s) has (are) become unusable, guests who have already been accommodated extend their stay, there is an overbooking or other important operational measures require this step.
  • Any additional expenses for the replacement accommodation are at the expense of the accommodation provider.