Booking and Terms of Use for Apartments
These booking and terms of use apply to the use of the HERMA and HERLINDE apartments (hereinafter referred to as ‘apartments’).
The apartments are let to changing guests as holiday homes.
The letting is for a limited period of time for residential purposes (short-term living).
This is neither an accommodation business nor a tenancy agreement.
- Type of use / nature of the contract
The apartments are provided as fully furnished self-catering apartments for temporary use.
No hotel-type services are provided, in particular:
- no reception,
- no breakfast,
- no daily cleaning,
- no ongoing services.
There is no entitlement to conclude a contract of use.
- Purpose of use
The property may only be used for private accommodation and recreational purposes during a temporary stay.
The property may also be used in the context of
- a temporary professional stay,
- a project or remote work activity (workation),
- a temporary transitional stay (e.g. in connection with a move, a construction or renovation phase)
- or for temporary orientation and temporary stay in the Bregenzerwald
provided that the stay is limited in time and no residence or centre of life is established.
The following are specifically excluded:
- establishing a primary or secondary residence,
- relocating the centre of life,
- permanent residential use,
- Any use of the apartments for operational or business purposes, in particular as business premises, with customer or public traffic or with externally recognisable business activities.
- subletting or transfer to third parties
- Length of stay
The minimum stay is 4 nights.
In addition, extended stays of at least 1 month up to 3 months can be offered at reduced special rates, subject to individual agreement.
Even in the case of extended stays, this does not constitute a tenancy agreement, but rather a temporary transfer of use within the framework of short-term rental.
There is no entitlement to an extension or to the conclusion of a follow-up contract.
- Conclusion of contract and payment
The usage contract is concluded upon written confirmation (including electronic confirmation) by the lessor.
The contractual partner may be either a natural person or a legal entity.
For bookings made by companies, the respective user must be named.
The agreed fees are to be paid in accordance with the terms of payment specified in the offer.
Local tax and final cleaning are shown separately, if applicable.
- Cancellation / lump-sum compensation
In the event of cancellation of the agreed stay, the following lump-sum compensation regulations apply, taking into account any expenses saved:
- up to 3 months before the start of the stay: free of charge
- up to 1 month before the start: 40% of the agreed fee
- up to 7 days before the start: 70% of the agreed fee
- within the last 7 days before the start: 90% of the agreed fee
Local tax and final cleaning will not be charged.
If the cancelled period is reallocated in whole or in part, the proceeds generated from this will be taken into account.
For extended stays at special rates, different payment and cancellation conditions may be agreed, which are expressly stated in the respective offer.
- Condition of the apartments, user liability and cleaning
The apartments are handed over in a proper, clean and functional condition.
Any defects or damage must be reported immediately, at the latest within 24 hours of arrival.
Defects reported later can only be taken into account if they were not apparent at the time of handover.
Final cleaning includes the usual cleaning of the apartment.
Excessive soiling or additional cleaning or restoration costs will be charged separately according to the actual costs incurred.
Users are liable for all damage caused by themselves or their fellow travellers to the apartments, the furnishings or the inventory.
The landlord does not provide insurance cover for users’ personal belongings.
The loss of keys or means of access must be reported immediately and will be charged according to the actual cost incurred.
- Liability of the lessor
The lessor shall only be liable for damage caused by wilful misconduct or gross negligence.
Liability for slight negligence is excluded to the extent permitted by law.
In particular, no liability shall be accepted for:
- loss of use,
- loss of holiday enjoyment or other immaterial damage,
- consequential damage,
- technical malfunctions (e.g. electricity, water, heating, internet),
- weather-related or officially ordered restrictions on use.
Liability for personal injury remains unaffected.
- House rules
The apartments are non-smoking.
Common areas must be treated with care.
The applicable house rules are an integral part of the terms of use.
- Force majeure and impossibility of performance
If the apartments cannot be made available for reasons beyond the control of the lessor, in particular due to force majeure, official orders, unforeseeable damage or other events that make use impossible or unreasonable, the lessor is entitled to withdraw from the contract of use.
In such cases, there shall be no entitlement to compensation, alternative accommodation or other compensation payments. Any payments already made shall be refunded.
The same shall apply in the event of obvious double bookings or comparable organisational reasons, provided that these were not caused intentionally or through gross negligence.
- No obligation to provide alternative accommodation
If the apartments are unusable for reasons not caused by the landlord intentionally or through gross negligence, there shall be no entitlement to the provision of alternative accommodation.
Further claims, in particular for damages or reimbursement of costs for alternative accommodation, are excluded to the extent permitted by law.
- Choice of law and place of jurisdiction
The version of these Terms of Use valid at the time of conclusion of the contract shall apply.
Austrian law applies.
The place of jurisdiction is Bezau, as far as legally permissible.
- Final provisions
Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid provision, a provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid provision.
Irmgard Wilms-Haverkamp
Brugg 36
6870 Bezau
info@boutique-apartments-bezau.at
