Höttinger Auffahrt 5, A-6020 Innsbruck +43 512 239 932 401 info@lebe-oetz.at
TERMS AND CONDITIONS
Lebe’apartments
Note on gender-neutral language: All terms referring to people are intended to include both genders, even if the masculine form is used for the sake of readability.
SCOPE OF APPLICATION
1.1. These Terms and Conditions apply to all contracts between the tenant and the landlord that govern the rental of vacation apartments for lodging purposes and all other services provided to the tenant in connection with the lodging and rental. By making a booking or placing an order for rental, you accept the General Terms and Conditions (hereinafter referred to as “GTC”) in the version applicable at the time the booking is made. The GTC govern the details of the contractual relationship and also contain important consumer information in the legally binding version.
1.2. “Tenant” means any person who enters into a legal transaction for private and/or business purposes. Tenancy is permitted only to persons who have reached the age of 18.
SERVICES AND PRICES
2.1. The scope of the contractual services is set forth in the service description included in the contract or the booking confirmation. The service description was prepared to the best of our knowledge and belief. However, we assume no liability for any errors that may have crept in.
2.2. The rental property may only be occupied by the number of people specified in the confirmation. Children are counted as persons.
2.3. The landlord reserves the right to change the prices for the vacation rentals at short notice in order to fill vacancies. Existing reservations and the associated rental agreements and booking confirmations remain unchanged in such cases. The tenant may not make any claims against the landlord based on such price changes.
LEASE TERM
3.1. The rental period is specified in the booking confirmation or, if applicable, in the rental agreement. Check-in is from 3:00 p.m. and check-out is by 10:00 a.m. at the latest. Deviations from these times are only possible upon agreement with the landlord. In such cases, the landlord is entitled to charge an additional fee.
DUE DATE AND PAYMENT
4.1. The payment terms (method and due date) specified for each individual booking apply.
4.2. In the event of a delay in payment, the landlord is entitled to cancel the reservation.
4.3. The landlord is entitled, at the time the contract is concluded or thereafter, to require a reasonable advance payment or security deposit in the event that the tenant causes damage to the landlord’s property.
CANCELLATION POLICY OR WITHDRAWAL PROVISIONS
5.1. The tenant may cancel the reservation or the lease agreement in writing. If the tenant cancels the reservation or the lease agreement, the following prorated costs must generally be paid as compensation:
Up to 8 days before arrival: No cancellation fees
7 days to 1 day before arrival: 90% of the rental price
On the day of arrival: 100% of the rental price
The statutory rights of withdrawal and termination remain unaffected by this. Any special provisions regarding withdrawal rights on booking platforms, booking confirmations, or rental agreements remain unaffected and take precedence.
TERMINATION OF THE CONTRACT
6.1. Both parties have the right to terminate the contractual relationship in the following ways: Termination, withdrawal, or cancellation; extraordinary grounds
6.2. Both the tenant and the landlord have the right to terminate the contract. The following provisions apply: Termination must be in writing and must be submitted to the other party to the contract in order to be effective. In the event of termination by the tenant, the notice of termination must be received within the specified time limit (cancellation period). In the event of a dispute, the tenant must prove that the notice of termination was communicated to the landlord in writing and within the specified time limit.
6.3. Withdrawal from or cancellation of the contract results in the rescission of the contractual relationship. Consequently, both parties must be restored to the position they would have been in had the contract never existed. The following provisions apply:
Withdrawal from or cancellation of the contract by the tenant:
The tenant may withdraw from the contract at any time by submitting a written notice of withdrawal to the landlord. Cancellations by the tenant are generally free of charge (regardless of the booking date). However, the cancellation must be received by the landlord no later than 30 days before the booked arrival date. The cancellation or withdrawal becomes subject to a fee only if it is made after the aforementioned period or if the tenant fails to arrive on the scheduled date, which is equivalent to a notice of withdrawal. In such cases, the landlord may retain the advance payment.
Exceptions will be agreed upon in writing directly between the service provider and the guest immediately upon receipt of the reservation confirmation and apply only to that specific case. Additional exceptions regarding the same contracting parties may be agreed upon individually in writing between the tenant and the landlord.
Withdrawal from or cancellation of the contract by the landlord
If the required advance payment is not made by the due date, the landlord is also entitled to terminate the contract. The notice of termination or cancellation must be sent to the tenant in writing.
6.4. Furthermore, the landlord is entitled to terminate the contract for cause. If force majeure or other circumstances—which are unforeseeable, unreasonable, and/or unacceptable, and for which the landlord is not responsible—make it impossible for the landlord to fulfill the contract, the landlord is entitled to terminate the contract. An example of this would be if a customer booked a vacation rental based on misleading or false statements regarding material facts. Furthermore, if the landlord has reasonable grounds to believe that this customer’s use of the accommodation services jeopardizes the smooth operation of the business, safety, or the landlord’s public reputation, the landlord may also withdraw from the contract without this being attributable to the landlord’s sphere of control or organizational responsibility. For example:
Disruptive behavior
Accommodating additional guests (for the duration of the unauthorized use, the landlord may charge a reasonable surcharge for over-occupancy)
The landlord must immediately notify the tenant of the exercise of the right of withdrawal. If the landlord’s withdrawal is justified, the tenant has no claim for damages.
6.5. Early departure or late arrival by the tenant. In the event of early departure or late arrival, the tenant is not entitled to demand a refund from the landlord.
DUTY OF CARE
The tenant must treat the rented premises and furnishings with care. The tenant is responsible for compensating the landlord for any damage caused through negligence. Upon moving into the premises, the tenant is required to inspect the furnishings to ensure they are complete and in good working order, and to report any defects to the landlord immediately.
Tenants must also report any damage that occurs during the rental period immediately. The tenant agrees to be responsible for the contractual obligations of all accompanying persons. In addition, the tenant is required to comply with the house rules.
When checking out, please ensure that all windows and doors are securely locked. The landlord is not liable for any damage to the tenant’s property resulting from a break-in or theft.
FARM STORE
The on-site farm shop at the Lebe’oetz apartment building complies with the Tyrolean Youth Act (LGBl. No. 7/2019), which states the following. § 18 Alcoholic Beverages and Preparations Höttinger Auffahrt 5, A-6020 Innsbruck +43 512 239 932 401 info@lebe-oetz.at
Alcoholic beverages and preparations (powders, tablets, capsules, concentrates, and the like) used to produce alcoholic beverages may not be provided to children and adolescents, unless otherwise specified in paragraph 2. Alcoholic beverages, with the exception of a. distilled alcoholic beverages and b. mixtures containing distilled alcoholic beverages, may be provided to adolescents who have reached the age of 16, regardless of whether they are pre-packaged (e.g., alcopops) or homemade.
Children and adolescents under the age of 16 may not purchase or consume alcoholic beverages in public, unless otherwise specified in paragraph 4.
Children and adolescents may not a. purchase or consume distilled alcoholic beverages or mixtures as defined in paragraph 2(b), and c. purchase or consume preparations as defined in paragraph 1, whether diluted or undiluted.
LOSS OR DAMAGE TO VALUABLES
The landlord is not liable for the loss of or damage to valuables occurring in common areas, such as the ski and bicycle storage room. No liability is assumed for damage to, break-ins, or theft of vehicles in the property’s parking lots.
SAVING CLAUSE
If any provision of this contract is invalid or unenforceable, or becomes invalid or unenforceable after the contract is concluded, the remaining provisions of the contract shall remain unaffected by such invalidity or unenforceability. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective that the contracting parties intended to achieve with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
ADDITIONAL AGREEMENTS
There are no oral side agreements. Any amendments or additions to this contract must be made in writing. This also applies to any amendment to this written form clause.
JURISDICTION
The court with subject-matter jurisdiction over the location of the rental property shall be the agreed venue for all legal disputes arising between the landlord and the tenant. Notwithstanding this, the landlord is entitled to sue the customer at the landlord’s general venue.
END Version: January 2023
TERMS AND CONDITIONS
Lebe’apartments
Note on gender-neutral language: All terms referring to people are intended to include both genders, even if the masculine form is used for the sake of readability.
SCOPE OF APPLICATION
1.1. These Terms and Conditions apply to all contracts between the tenant and the landlord that govern the rental of vacation apartments for lodging purposes and all other services provided to the tenant in connection with the lodging and rental. By making a booking or placing an order for rental, you accept the General Terms and Conditions (hereinafter referred to as “GTC”) in the version applicable at the time the booking is made. The GTC govern the details of the contractual relationship and also contain important consumer information in the legally binding version.
1.2. “Tenant” means any person who enters into a legal transaction for private and/or business purposes. Tenancy is permitted only to persons who have reached the age of 18.
SERVICES AND PRICES
2.1. The scope of the contractual services is set forth in the service description included in the contract or the booking confirmation. The service description was prepared to the best of our knowledge and belief. However, we assume no liability for any errors that may have crept in.
2.2. The rental property may only be occupied by the number of people specified in the confirmation. Children are counted as persons.
2.3. The landlord reserves the right to change the prices for the vacation rentals at short notice in order to fill vacancies. Existing reservations and the associated rental agreements and booking confirmations remain unchanged in such cases. The tenant may not make any claims against the landlord based on such price changes.
LEASE TERM
3.1. The rental period is specified in the booking confirmation or, if applicable, in the rental agreement. Check-in is from 3:00 p.m. and check-out is by 10:00 a.m. at the latest. Deviations from these times are only possible upon agreement with the landlord. In such cases, the landlord is entitled to charge an additional fee.
DUE DATE AND PAYMENT
4.1. The payment terms (method and due date) specified for each individual booking apply.
4.2. In the event of a delay in payment, the landlord is entitled to cancel the reservation.
4.3. The landlord is entitled, at the time the contract is concluded or thereafter, to require a reasonable advance payment or security deposit in the event that the tenant causes damage to the landlord’s property.
CANCELLATION POLICY OR WITHDRAWAL PROVISIONS
5.1. The tenant may cancel the reservation or the lease agreement in writing. If the tenant cancels the reservation or the lease agreement, the following prorated costs must generally be paid as compensation:
Up to 8 days before arrival: No cancellation fees
7 days to 1 day before arrival: 90% of the rental price
On the day of arrival: 100% of the rental price
The statutory rights of withdrawal and termination remain unaffected by this. Any special provisions regarding withdrawal rights on booking platforms, booking confirmations, or rental agreements remain unaffected and take precedence.
TERMINATION OF THE CONTRACT
6.1. Both parties have the right to terminate the contractual relationship in the following ways: Termination, withdrawal, or cancellation; extraordinary grounds
6.2. Both the tenant and the landlord have the right to terminate the contract. The following provisions apply: Termination must be in writing and must be submitted to the other party to the contract in order to be effective. In the event of termination by the tenant, the notice of termination must be received within the specified time limit (cancellation period). In the event of a dispute, the tenant must prove that the notice of termination was communicated to the landlord in writing and within the specified time limit.
6.3. Withdrawal from or cancellation of the contract results in the rescission of the contractual relationship. Consequently, both parties must be restored to the position they would have been in had the contract never existed. The following provisions apply:
Withdrawal from or cancellation of the contract by the tenant:
The tenant may withdraw from the contract at any time by submitting a written notice of withdrawal to the landlord. Cancellations by the tenant are generally free of charge (regardless of the booking date). However, the cancellation must be received by the landlord no later than 30 days before the booked arrival date. The cancellation or withdrawal becomes subject to a fee only if it is made after the aforementioned period or if the tenant fails to arrive on the scheduled date, which is equivalent to a notice of withdrawal. In such cases, the landlord may retain the advance payment.
Exceptions will be agreed upon in writing directly between the service provider and the guest immediately upon receipt of the reservation confirmation and apply only to that specific case. Additional exceptions regarding the same contracting parties may be agreed upon individually in writing between the tenant and the landlord.
Withdrawal from or cancellation of the contract by the landlord
If the required advance payment is not made by the due date, the landlord is also entitled to terminate the contract. The notice of termination or cancellation must be sent to the tenant in writing.
6.4. Furthermore, the landlord is entitled to terminate the contract for cause. If force majeure or other circumstances—which are unforeseeable, unreasonable, and/or unacceptable, and for which the landlord is not responsible—make it impossible for the landlord to fulfill the contract, the landlord is entitled to terminate the contract. An example of this would be if a customer booked a vacation rental based on misleading or false statements regarding material facts. Furthermore, if the landlord has reasonable grounds to believe that this customer’s use of the accommodation services jeopardizes the smooth operation of the business, safety, or the landlord’s public reputation, the landlord may also withdraw from the contract without this being attributable to the landlord’s sphere of control or organizational responsibility. For example:
Disruptive behavior
Accommodating additional guests (for the duration of the unauthorized use, the landlord may charge a reasonable surcharge for over-occupancy)
The landlord must immediately notify the tenant of the exercise of the right of withdrawal. If the landlord’s withdrawal is justified, the tenant has no claim for damages.
6.5. Early departure or late arrival by the tenant. In the event of early departure or late arrival, the tenant is not entitled to demand a refund from the landlord.
DUTY OF CARE
The tenant must treat the rented premises and furnishings with care. The tenant is responsible for compensating the landlord for any damage caused through negligence. Upon moving into the premises, the tenant is required to inspect the furnishings to ensure they are complete and in good working order, and to report any defects to the landlord immediately.
Tenants must also report any damage that occurs during the rental period immediately. The tenant agrees to be responsible for the contractual obligations of all accompanying persons. In addition, the tenant is required to comply with the house rules.
When checking out, please ensure that all windows and doors are securely locked. The landlord is not liable for any damage to the tenant’s property resulting from a break-in or theft.
FARM STORE
The on-site farm shop at the Lebe’oetz apartment building complies with the Tyrolean Youth Act (LGBl. No. 7/2019), which states the following. § 18 Alcoholic Beverages and Preparations Höttinger Auffahrt 5, A-6020 Innsbruck +43 512 239 932 401 info@lebe-oetz.at
Alcoholic beverages and preparations (powders, tablets, capsules, concentrates, and the like) used to produce alcoholic beverages may not be provided to children and adolescents, unless otherwise specified in paragraph 2. Alcoholic beverages, with the exception of a. distilled alcoholic beverages and b. mixtures containing distilled alcoholic beverages, may be provided to adolescents who have reached the age of 16, regardless of whether they are pre-packaged (e.g., alcopops) or homemade.
Children and adolescents under the age of 16 may not purchase or consume alcoholic beverages in public, unless otherwise specified in paragraph 4.
Children and adolescents may not a. purchase or consume distilled alcoholic beverages or mixtures as defined in paragraph 2(b), and c. purchase or consume preparations as defined in paragraph 1, whether diluted or undiluted.
LOSS OR DAMAGE TO VALUABLES
The landlord is not liable for the loss of or damage to valuables occurring in common areas, such as the ski and bicycle storage room. No liability is assumed for damage to, break-ins, or theft of vehicles in the property’s parking lots.
SAVING CLAUSE
If any provision of this contract is invalid or unenforceable, or becomes invalid or unenforceable after the contract is concluded, the remaining provisions of the contract shall remain unaffected by such invalidity or unenforceability. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective that the contracting parties intended to achieve with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
ADDITIONAL AGREEMENTS
There are no oral side agreements. Any amendments or additions to this contract must be made in writing. This also applies to any amendment to this written form clause.
JURISDICTION
The court with subject-matter jurisdiction over the location of the rental property shall be the agreed venue for all legal disputes arising between the landlord and the tenant. Notwithstanding this, the landlord is entitled to sue the customer at the landlord’s general venue.
END Version: January 2023
Höttinger Auffahrt 5, A-6020 Innsbruck +43 512 239 932 401 info@lebe-oetz.at