MyApartments Wien | Apartments Wien

A rental contract is concluded between the tenant and the landlord of the holiday flat. With the booking or with the order to rent the holiday flat, the tenant accepts the following General Rental and Cancellation Conditions as binding.

1. conclusion of contract

The reservation order by the tenant and the booking confirmation by the landlord can be made by post, e-mail or telephone. With the booking confirmation, the tenant receives details about the payment and amount of the rental price and details about the date of the stay in the holiday flat. With the timely receipt of the payment mentioned under point 2. by the tenant, the rental contract becomes legally binding for both parties. The tenant declares himself responsible for the contractual obligations of all persons travelling with him.

2. due date and payment

The interested party for the holiday flat receives a booking offer. The booking is considered fixed as soon as payment of the entire rental price is made by credit card or by bank transfer within 7 days. The rent for the entire rental period must always be paid in advance.

3. termination and early termination of the tenancy agreement by the tenant

The following provisions shall apply to notice of termination and termination of the tenancy agreement before the expiry of the fixed-term tenancy period:

3.1 Written notice of termination

To be effective, the notice of termination must be given in writing to the landlord. In the event of a dispute, the tenant must prove that he/she has given notice of termination.

3.2 Withdrawal from the contract/cancellation

The guest can withdraw from the contract at any time before the start of the trip by declaring his withdrawal to the landlord. The withdrawal must be declared in writing. Cancellations free of charge are generally possible, irrespective of the booking date, as long as they are received by the landlord in writing no later than 30 days before the booked arrival date. Exceptions to this rule will be agreed in writing by the service provider directly with the guest immediately after receipt of the reservation confirmation.
The cancellation fees charged in the event of non-arrival or cancellation are as follows according to the total rental price in EURO:
The total amount of the booking is due at any time after completion of the booking.
Cancellations and changes made up to 30 days before the date of arrival are free of charge. Cancellations and changes made late and no-shows will be charged the full amount. Non-refundable instalments cannot be cancelled free of charge in their entirety. The landlord recommends taking out travel cancellation insurance.

3.3 Early departure or late arrival of the tenant

In case of early departure or late arrival of the tenant, the tenant is not entitled to claim a refund from the landlord due to an early departure or late arrival.

4. rental period

The rental period is specified in the rental contract. Arrival is from 3 p.m. and departure by 11 a.m. at the latest. Deviations from this are only possible by arrangement or in writing. The landlord is entitled to demand a surcharge in this case.

5. services and prices

The scope of the contractual services results from the service description of the contract or the booking confirmation. The description of services on the Internet was carried out to the best of our knowledge and belief, but no liability is accepted for any errors that may have crept in. The rented property may only be occupied by the number of persons stated in the confirmation. Children count as persons for this purpose. The landlord reserves the right to change the prices for the holiday flats offered at short notice in order to fill gaps in occupancy; in this case, existing rentals and the associated rental contracts and booking confirmations shall remain unchanged. The tenant cannot derive any claims against the landlord from an interim price change.

6. liability

The tenant is liable for personal injury caused by him or by accompanying persons, as well as for damage to property and loss of the rented property, furnishings and objects of use, insofar as they exceed the normal wear and tear for use when handled with care. Parents are liable for their children. The landlord accepts no liability for theft, fire and water damage to the tenant's property.

7. obligations of the tenant

The tenant undertakes to treat the holiday flat, including all equipment therein, with care. All damage caused by the tenant or persons travelling with him or his visitors must be reported to the landlord immediately. The damage caused must be reimbursed by the tenant to the landlord. In the event of the loss of the keys, the tenant is obliged to compensate the costs and damages incurred as a result.

Bringing pets is not permitted.

The use of sleeping bags is not permitted.

The online registration form must be completed by every guest. Any rubbish must be disposed of in the bins provided. When checking out, please make sure that all windows and doors are firmly closed. The landlord is not liable for damages in case of burglary or theft of the tenant's property.

8. warranty

If defects are discovered when moving into the holiday flat, these must be reported to the landlord immediately. If the stay is considerably 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 reduction in rent or termination. Furthermore, termination of the tenancy agreement is possible if use is considerably impeded or endangered by force majeure such as natural disasters, fire, etc.

In this case, the rent paid for the remaining term of the tenancy will be refunded. Further claims are excluded.

9. termination on the part of the landlord

The tenancy agreement may be terminated by the landlord without notice if tenants or persons travelling with them behave in a disruptive manner in such a way that their remaining in the holiday flat cannot be expected of the neighbours of the house. Likewise, the continued admission of additional persons is immediate grounds for termination without notice and for the duration of the use in breach of contract the landlord may demand a reasonable surcharge for overcrowding.

10. house rules

The house rules displayed in the house must be observed, in particular the usual quiet hours from 10 pm to 8 am.

11. parking spaces

Up to a maximum of 10 garage spaces can be rented in our house. The reservation is only possible online.

Public parking spaces are available on the street (short-stay parking zone). No liability is accepted for damage, break-in or theft of vehicles.

12. travel contract law

The lessor is not a tour operator. The regulations on the law of the tour operator including its liability therefore do not apply.

13. severability clause

Should individual provisions of the General Rental and Cancellation Conditions be or become void, ineffective, voidable or unenforceable, the remaining provisions shall remain unaffected. The parties shall then endeavour to find a permissible provision that comes as close as possible to the intended provision.

14 Place of performance and jurisdiction

The place of performance for all claims arising from the rental relationship is the place where the leased property is located, i.e. Vienna. The exclusive place of jurisdiction is the competent district court in Vienna.