General terms and conditions of the Style Appartement Belle Arti GmbH
(This is a legally void translation, only the German version is legally binding.)
These general terms and conditions apply to all contracts of the Style Appartement Belle Arti GmbH concerning the use of her apartments. These general terms and conditions do not exclude special conditions and are subsidiary to such special agreements.
2.1. “BeLLeArTi” is the Style Appartement Belle Arti GmbH.
2.2. “Customer” is an individual, who pays a fee to live in an apartment. Normally the customer also is the co-contractor. Also individuals, who arrive with the co-contractor count as customers. (e.g. family members, friends, etc.).
2.3. “Co-contractor” is an individual or an entity, which concludes as customer or for a customer an apartment contract with BeLLeArTi.
2.4. “Consumer” and “entrepreneur” are to be understood in the sense of the Konsumentenschutzgesetzes 1979 as amended from time to time.
2.5. “Apartment contract” is the contract signed between BeLLeArTi and the co-contractor, the content of which is specified below.
3. contract conclusion
The contract is concluded with the signing of the booking confirmation by the co-contractor and BeLLeArTi.
4. Content of the apartment contract
4.1. Content of the apartment contract is one of the BeLLeArTi apartments. All apartments have at least an anteroom, a bathroom, a toilet, a kitchen/eat-in kitchen (EIK) and a place to sleep. The emergency exit is marked with an illuminated sign.
4.2. All equipment, movables and works of art are listed on a separate inventory. The apartment has been renovated with high standards and has upscale quality facilities. There are hardwood floors, original double doors and original wooden box windows in the apartment.
4.3. The respective apartment may only be used by the co-contractor respectively the customer as secondary residence for leisure or recreation purposes or for temporary relocation caused by work or study reasons.
5. Rescission of the apartment contract and cancellation fee
5.1. Until 3 months before the appointed arrival date both contracting parties may dissolve the apartment contract without being liable of paying a cancellation fee or compensation.
5.2. BeLLeArTi charges following cancellation fees when the co-contractor or customer dissolves the apartment contract with unilateral declaration in a shorter period than specified in 5.1.:
3 months till 1 month prior to arrival date -> 30% cancellation fee
1 month till 1 week prior to arrival date -> 60% cancellation fee
In the last week prior to arrival date -> 90% cancellation fee
On the arrival date or no show -> 100% cancellation fee
5.3. If the co-contractor respectively customer does not show up at the appointed time on the
arrival date BeLLeArTi is no longer obliged to provide the appointed apartment to the co-contactor respectively customer.
5.4. If reasonable for the co-contractor BeLLeArTi may provide the co-contractor respectively customer with an adequate substitute accommodation (equal quality), especially when the differences are insignificant or objectively justified. An objective justification is e.g., when the apartment or one of its rooms is unusable, customers accommodated in the appointed apartment prolong their stay, an overbooking occurred or other important operational actions require the change of the apartment. In this case BeLLeArTi is liable for the extra expenses of the alternative accommodation.
6. Obligations of the co-contractor
6.1. The co-contractor is obliged to pay the appointed remuneration plus the cleaning fee within 14 days after the billing, latest at the arrival. Moreover the co-contractor has to pay the tax according to the Gebührengesetz 1957 (possible fee charging respectively visitor’s tax).
6.2. In case of default the co-contractor respectively customer is liable for all costs necessary for the assertion of BeLLeArTis rights (e.g.: cost for a lawyer) if he caused the default.
6.3. Before moving into the apartment the co-contractor has to deposit a security deposit. This deposit covers all claims of BeLLeArTi adverse the co-contractor respectively customer concerning the apartment contract. If these claims occure already during the stay BeLLeArTi is entitled to cover them with the security deposit and the co-contractor is obliged to replenish the security deposit to its full amount within 14 days after written notice about the consumption of the security deposit.
6.4. The co-contractor respectively customer is obliged to treat the apartment carefully, to make a monthly appointment with BeLLeArTi for maintenance and servicing in the apartment to prevent reparations and to allow BeLLeArTi or a person appointed by her to enter the apartment at this appointment and to return the apartment to BeLLeArTi in the same proper condition as he received it on his arrival and free of any damages or defects. The co-contractor is liable for all damages caused by himself, the customer or any other person, who received with his knowledge or approval services from BeLLeArTi or when the mentioned do not report damages to BeLLeArTi.
6.5. Any modification of the apartment, particularly drilling the tiling or walls or colouring the walls by the co-contractor respectively customer or by professionals mandated by the co-contractor respectively customer is forbidden. Any possible changes, improvements or reparations of the apartment are only allowed with prior written permission of BeLLeArTi. Incase of the permission for changes, improvements or reparations BeLLeArti will assign the relevant professionals.
6.6. Without the consent of BeLLeArTi the co-contractor respectively customer is not entitled to receive customers for a longer timeperiod (more than 24 hours) or to accomodate any third party – exept those registered at the conclusion of the apartment contract.
6.7. The co-contractor respectively customer has to comply with the house rules, which are enacted and constantly adapted by BeLLeArTi on the general needs of the house. The cocontractor respectively customer received the relevant version of the house rules at the same time as the apartment keys. The house rule apply subsidiary to these General Terms and Conditions. Without written permission of BeLLeArTi it is forbidden to make music in the apartment. Futhermore it is forbidden to smoke in the apartment. All damages coused by the violation of the prohibition to smoke or other house rules will be repaired and removed by BeLLeArTi at the expense of the cocontractor respectively customer.
6.8. The co-contractor respectively customer is obliged to return the kitchen inventory also including all technical devices and dishes as received upon arrival and free of any damages or defects. The ceramic hobs should therefore be thoroughly cleaned after each use. The refrigerator, dishwasher, cooktop/ceramic hob, oven etc. must be cleared from food and dishes and cleaned, otherwise BeLLeArTi will charge an extra fee for the special cleaning and in case of damage for compensation.
6.9. The co-contractor respectively customer is obliged to air the apartment daily. In case of rain or when leaving the apartment though, the windows should be closed and kept closed. All damages caused by the violation of this rule will be repaired and removed by BeLLeArTi at the expense of the co-contractor respectively customer.
6.10. The co-contractor respectively customer receives one set of keys for the apartment upon arrival. In case the co-contractor respectively customer needs more sets of keys, he has to request them at BeLLeArTi. BeLLeArTi does not provide more than three sets of keys per apartment. Without the written consent of BeLLeArTi the co-contractor respectively customer is not entitled to reproduce keys for the apartment. BeLLeArTi has to be notified immediately in case of a key loss. The exchange of the lock and production of new keys will be organised by BeLLeArTi at the expense of the co-contractor respectively customer. All damages caused by the violation of this notification-rule will be repaired and removed by BeLLeArTi at the expense of the co-contractor respectively customer.
7. Rights and obligations of BeLLeArTi
7.1. BeLLeArTi or a person appointed by her may enter the apartment once a month with prior appointment for maintenance and servicing in the apartment to prevent reparations, at any time for good reason or imminent danger, otherwise only after prior appointment.
7.2. BeLLeArTi is obliged to provide the services in compliance with her standards.
8. Liability limitations
8.1. The co-contractor respectively customer as well as all persons moving into the apartment with them, use the apartment, the house and all objects in the apartment at their own risk. Parents are liable for their children. BeLLeArTi apartments are not childproof constructed. BeLLeArTi apartments are located in Wilhelminian style buildings with box windows in the apartments, who have no child safety provisions. If child safety provisions are desired for a BeLLeArTi apartment, the co-contract respectively customer must obtain written approval from BeLLeArTi and then carry out himself the approved child safety provisions on his own account. No claims for damages or recourse can be asserted by the refusal of a child safety provision. Any claims for damages or recourse resulting from the use of the apartment are precluded.
8.2. BeLLeArTi does not overtake any liability for any valuables brought into the apartment by the co-contractor respectively customer or any other person moving into the apartment with them.
8.3. BeLLeArTi provides an internet access via WLAN. The co-contractor respectively customer is liable for the use and possible abuse or misuse (eg. file sharing, illegal exchange of music, visit / download of illegal film / video platforms) of the internet access during the rental period and thereby incurred costs (damages, attorney’s fees, procedural costs …). The co-contractor respectively customer herewith expressly releases BeLLeArTi / the affiliate from any liability. BeLLeArTi does not guarantee correct functioning or speed of the Internet connection (e.g. problems caused by limited speed due to network-related overload).
9. Animal husbandry
9.1. Animals may only be brought into the apartment with prior written approval of BeLLeArTi and may result an extra fee.
9.2. The co-contractor respectively customer who takes an animal into the apartment undertakes to properly keep respectively supervise or to pay someone to properly keep respectively supervise the animal.
9.3. The co-contractor respectively customer who takes an animal into the apartment has to have a relevant animal liability insurance or personal liability insurance covering all possible damage caused by the animal. Such damage shall particularly also include any compensation to be paid by the BeLLeArTi to third parties. Evidence of such insurance has to be provided to BeLLeArTi.
10. Prolongation of the stay in the apartment
The co-contractor respectively customer may not claim for a prolongation of the stay. BeLLeArTi may consent to the prolongation of the apartment contract if informed by the co-contractor in time. BeLLeArTi is not obliged to do so. Using the apartment after the end of the contract period or paying more than the appointed remuneration does not imply the prolongation of the apartment contract.
11. Termination of the apartment contract
11.1. The apartment contract can only be concluded for a specific period and ends automatically without further notice.
11.2. The apartment contract is non-callable. If the co-contractor departs earlier than appointed, BeLLeArTi may still claim the full amount of the appointed remuneration. A premature dismissal of the apartment contract will only be possible in exceptional cases and only with the written consent of BeLLeArTi.
11.3. The apartment contract ends when the customer dies.
11.4. BeLLeArTi is entitled to dissolve the apartment contract for good reason with immediate effect, if the co-contractor respectively customer
a. uses the apartment grossly negligent or is ruthless, offensive or behaves himself in another way improper, immoral or dangerous to other customers, the houseowner, his appointed persons or other third parties living in the house or does an act against these persons which is subject to penalty; Such grossly negligent use is also the infringement of the conditions of the apartment contract or the house rules respectively the agreed purpose of the rent or the behaviour in the house, the rental property or towards the people in the house
b. uses the apartment against the apartment contract or infringes the house rules. It is also an infringement of the conditions of the apartment contract if the co-contractor respectively customer infringes the rules of these general terms and conditions, of the apartment contract concerning the use and the agreed purpose of the use of the apartment or of the behaviour in the house, in the apartment or towards the other persons living in the house;
c. suffers a contagious disease or a disease over the duration of his stay in the apartment or is in another way in need of care;
d. fails to pay the invoices at maturity within an acceptable time (3 days) or an execution is put out against the co-contractor respectively customer, an application for his insolvency is requested or bankruptcy proceedings, composition proceedings or preliminary proceedings are opend over his assets.
11.5. If the fulfilment of the contract is not possible due to force majeure (e.g. acts of god, strike, lockout, official orders etc.), BeLLeArTi may dissolve the apartment contract without any notice period, if the contract is not already dissolved by law, or BeLLeArTi released from her fulfilment obligations. Any compensational claims etc. of the co-contractor are precluded.
12. Illness or death of the customer
BeLLeArTi can claim from the co-contractor and the customer or in case of death from their heirs especially the compensation for following costs:
a. necessary room disinfection,
b. linen, bed sheets and bed furnishing that have become unusable, otherwise the disinfection or thorough cleaning of all of these items,
c. restoration of walls, furniture, carpets etc. if they have been contaminated or damaged in relation with the illness or death,
d. appointed remuneration, if the customer has used the apartment and moreover the sompensation for those days, where the apartment is unusable because of disinfection, eviction or the like,
e. any other damages caused.
13. Place of jurisdiction and applicable law
13.1. These general terms and conditions shall be governed by Austrian procedural and substantive law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
13.2. In case of a transaction between entrepreneurs the place of jurisdiction shall be the place where BeLLeArTi has her establishment. Moreover BeLLeArTi is entitled to claim her rights at any other local court having jurisdiction.
13.3. Is the co-contractor consumer and has his domicile or main residence
a. in Austria, a suit against the consumer can only be filed at his residence or place of employment;
b. in a member state of the European Union (exept Austria), Island, Norway or Switzerland, is the court having jurisdiction the one at the residence of the consumer.
c. in a country not mentioned at a. or b., is the court of jurisdiction the one at the establishment of BeLLeArTi. Moreover BeLLeArTi is entitled to claim her rights at any other local court having jurisdiction.
14.1. Declarations to the other party must be in writing and received until the last day of the respite (24 o’clock) at the last known address.
14.2. In case these terms and conditions contain loopholes the correspondent legal provisions apply.