Apartment Central and Cityresidenz of Claudia Dirnberger
(here in after referred to as "Appartement"),
Tel.: 0049 89 68050732; Fax: 0049 89 94981
E-Mail: c.dirnberger(at)gmx.at
1. Conclusion of the Contract
1.1 Booking requests can be made in person, by phone, e-mail or fax. By submitting a booking request, the client (here in after referred to as the “guest”) expresses his consent to conclude a rental contract based on the existing conditions. Prior to moving into the apartment, the guest is asked to confirm this in writing. By the mailing of the booking confirmation by the Appartement, which can also take place by E-mail or via fax, the contract is considered to be concluded and legally
binding. In the event that a written confirmation is not possible and only an oral confirmation can be given, the information of the guest´s credit card is also sufficient.
2. Arrival and departure
2.1. Without any other written agreement, the apartment cannot be occupied before 2 p.m. on the day of arrival. The keys for the apartment are in a mechanic key safe beside the entrance of the building. The code for the key safe is given to the guest as far as he has transferred the total amount to an account given. Before departure the guest has to put back the key into the key safe.
2.2. The departure must take place not later than 10 a.m. on the same day.
Should the room not be vacated by this time, Appartement is entitled to charge 50 % of the full price of the room per day. In the event that the vacation takes place after 3 p.m., the whole price of the room can be charged.
3. Services and price
3.1. The services that are agreed upon by contract can be obtained from the brochure or at the homepage of Graz-Tourismus and from the information provided in the booking confirmation that refer to them. The price includes accommodation, electricity, water, heating, bed-linen, and towels.
Different prices and services must be expressly drawn up in writing.
3.2. In the case of a longer stay, towels and bed-linen are changed every 2nd week or upon special agreement.
3.3. For reservations made more than three months in advance, Appartement reserves the right to raise the agreed-upon prices by no more than 15 %, e.g. in the case of a drastic increase in the cost of electricity.
4. Payment
4.1. In general, a payment of 100 % in advance of the complete amount stated in the rental contract has to be paid immediately after the booking confirmation. After having used the apartment the guest must pay the total amount. If he refuses or is not willing to pay the full amount without giving reasons the landlord will request the guest to pay. In the case that admonishing is not successful the landlord can order a debt collection agency or make a report at the local police owing to rent fraud.
In the case of early departure, the amount remaining for services that have not been used will not be reimbursed.
Without any other agreement no other way of payment is possible.
4.2. Account information in Austria: Spardabank Graz, BLZ 46660, No. of account 52327, Claudia Dirnberger.
Account information Germany: Degussa Bank GmbH, BLZ 50010700, No. of account 233019, Claudia Dirnberger
5. Cancellation conditions
In order to avoid losses, Appartement has to try in good faith to find other tenants for the unoccupied apartment.
5.1. Depending on the receipt of an advice of cancellation, Appartement charges the following cancellation rates:
- free of charge up to 30 days prior to arrival
- 50 % starting from day 29 to day 10 before arrival
- 75 % starting from day 9 to day 1
- 100 % if the guest cancels on the same day or fails to appear
6. Liability
6.1. The guest is liable for all damages that occur to Appartement through himself or other persons for whom he is responsible. The guest has to take care of the complete interior, especially floors and walls. The Appartement is obliged to notify the guest of any damages in writing within seven days after departure and, consequently, to charge the guest for the damages. In general, a payment of 100 % in advance of the complete amount stated in the rental contract has to be paid immediately after the booking confirmation.
6.2. In the event that the apartment key is lost or damaged, Appartement reserves the right to charge an amount of 70 Euro.
In case the guests locks himself out he has to pay the costs for a locksmith by himself.
6.3. Using the apartment for purposes other than those stated in the contract will lead to the termination of the contract relationship without notice.
6.4. In the event that Appartement is hindered in performing its services, there is no liability for damages on its part. However, Appartement is obliged to endeavour to provide for equal services.
6.5. We are liable for:
6.5.1. The accuracy of the description of services
6.5.2. The due performance of the services agreed upon by contract
6.6. Warranty:
6.6.1. If a service is not performed at all or not performed as stipulated in the contract and due diligence, the guest can demand rectification.
6.6.2. The guest can demand an abatement of the price (reduction) in the amount of the short-fall in services, if services, after a vain demand for redress, are not performed at all or not performed as stipulated in the contract.
In the event of a possible occurrence of defective performances, the guest is obliged to take every reasonable effort to contribute to remedying the defect and to keeping possible damages to a minimum.
The guest is in particular obliged to immediately notify Appartement of his complaints. If the guest fails to fulfil these obligations, he is not entitled to claims in this respect.
7. Special regulations
7.1. The guest can only bring along pets after prior consultation with Appartement.
7.2. To avoid mould the guest must provide for sufficient ventilation of the apartment and the guest must not leave wet washing there. To dry the washing the guest has to use the tumbler, which is free of charge (city apartment) or the washing stands (holiday home) on the balcony or in the basement. Furthermore we allow guests only to smoke on the balcony.
7.3. Appartement is entitled to demand from the guest the cessation or reduction of undue noise.
7.4. Every offence against common decency by the guest entitles Appartement to an immediate termination of the contract and to set off its contractual claims for the period of the reservation. Appartement has to be compensated for any additional, demonstrable damages.
7.5. Information of any kind will be given to the best of one’s knowledge, however, no responsibility is accepted for its accuracy.
7.6. Lost property (property left behind) will be sent back at the guest’s expense (unstamped) only upon request. Appartement is obliged to store the property for two months. After this period of time, the objects will be handed over to the local lost property office, provided that they are of apparent value.
7.7. No liability is accepted for money and valuables. The guest is also responsible for keeping clothes, musical instruments, and electronic devices in a safe place.
7.8. The apartment must be returned in the following condition: broom clean, rubbish disposed of, dishes done, windows closed.
7.9. If there is any evident danger to the apartment the guest has to call the landlady immediately!
8. General information
8.1. Austrian law is valid.
8.2. The place of jurisdiction for all disputes resulting from this contract and its performance, as far as legally permissible, is Graz.
8.3. In the event that one of the regulations of the General Terms and Conditions is invalid, all the other regulations do not lose their validity.
Instead of the invalid regulation, a corresponding one is valid.
Oral agreements only become effective upon confirmation by Appartement in writing.
We reserve the right to correct errors, misprints and arithmetical errors.
General Terms and Conditions as of August 2007
