Jäger (see Provision 18) provides apartment rentals. As to third-party owned apartments, Jäger is expressly authorised to conclude this Tenancy Agreement in its own name but on behalf of the owners (“authorization trust”); additional services are directly provided by Jäger. Jäger and respec-tively the third party are hereinafter referred to as “Owner”.
2.1 In case of doubt, the contractual partner of Owner is the orderer, even if she/he has booked or also booked for other named parties.
2.2 The occupants of the accommodation are Guests according to this Agreement.
3. TERMS OF AGREEMENT/DEPOSIT
3.1 The Tenancy Agreement comes into force with the acceptance (3.3) of the written, oral or elec-tronic booking by Owner.
3.2 Payment options include free-of-charge wire transfer and credit cards (Visa, Master Card, American Express, Diners Club) and PayPal.
3.3 Having made a deposit of 30% of the total rent, Guest shall receive a confirmation of booking. The delivery of the confirmation of booking shall be the acceptance of the Agreement.
After receipt or debit of the outstanding rent, this is usually 14 days before Guest’s arrival; Guest shall receive a final confirmation of booking stat-ing the reservation code for check-in.
3.4 Guest certifies that all correspondence must be sent to the e-mail address submitted by Guest.
4. CHECK-IN/CHECK-OUT TIMES
4.1 Check-in time is from 4 p.m. on the day of arrival.
4.2 In case of no-show without prior notice to owner, the total rent according to Provision 5 will be due.
4.3 Guest must check out of the rented property and must vacate the rented property as well as the parking lot in the garage by 10 a.m. on the day of departure. Each property will be inspected after departure by owner.
4.4 See www.alpinlodges.com for check-in/check-out details, additional services etc
5.1 This Tenancy Agreement can be cancelled by unilateral cancellation notice by either party upon 30 days prior to the agreed date of arrival without a cancellation fee being charged. The written cancellation notice must be received by Owner at least 30 days prior to the agreed date of arrival. Guest shall be refunded the deposit less pro-cessing fees.
5.2 This Tenancy Agreement can be cancelled by unilateral notice of Guest 14 days prior to the agreed date of arrival at the latest, however a cancellation fee of 30% of the total amount will be charged or the deposit already paid will be forfeited. The cancellation notice must be received by Owner at least 14 days prior to the agreed date of arrival.
5.3 If Guest’s notice of cancellation is received less than 14 days prior to arrival, the total amount will be due.
5.4 If Owner is not able to comply with the Agreement, Guest shall be provided with a substitute accommodation in modification of the original Agreement according to Provision 6. Guest shall have no right to claim damages against Owner.
5.5 Even if Guest does not use the rented accommodation, Guest is obliged to pay the agreed rent to Owner.
6.1 Owner reserves the right to substitute accommodation at any time.
6.2 Such changes are only permitted provided that
(i) the substitute accommodation is of same size and standard or respectively larger or of better standard than the original accommodation;
(ii) Guest has to pay the originally agreed upon rent.
7. GUEST’S RIGHTS
7.1 By entering a Tenancy Agreement, the Guest acquires the right to make normal use of the rent-ed premises and the facilities in the apartment complex which are usually accessible to Guests without special conditions, provided that the House Rules and Policies are followed.
7.2 Guest shall have the right to occupy the premises from 4 p.m. on the day of arrival.
8. GUEST’S OBLIGATIONS
8. Credit cards and advance payment via wire transfers are the only form of payment accepted by Owner. Other forms of payment (vouchers, cash, etc) will not be accepted. Owner reserves the right to debit Guest’s credit card for the amount due.
8.2 It is Guest’s responsibility to inspect the interior and the inventory at the time of arrival in the va-cation rental. It is Guest’s responsibility to report any problems or damages immediately after arri-val. Any damages found after Guest’s departure shall be deemed caused by Guest.
8.3 Any damages caused by Guest are governed by tort law. Guest shall be liable for any damage or harm of Owner or third parties caused by Guest or any of Guest’s companions or any other person, for whom Guest is responsible, even if the injured party has the right to claim damages directly against Owner.
8.4 The announced tenants are the only people allowed to reside in the rented premises.
9. OWNER’S RIGHTS
9.1 If Guest refuses to pay the rent, or if payment is late, Owner reserves the right to secure the claim by retaining goods brought to the accommodation (§ 970 c ABGB [Austrian Civil Code] – Right of Retention) and to refuse Guest access to the premises.
9.2 To secure the claim, Owner has a lien concerning the goods brought to the accommodation by Guest.
10. OWNER’S OBLIGATIONS
10.1 Owner shall provide the agreed services to the standard expected.
10.2 Special services not included in the rent will be billed separately, provided that Owner is willing to provide the services, such as e.g. daily cleaning, additional beds, pets, transportation etc.
10.3 The stated prices include the applicabel VAT in Austria. Incidentally, reference is made to the website relating to the respective Resort.
11. OWNER’S LIABILITY FOR DAMAGES
11.1 Owner shall be liable for damages suffered by Guest if the damage occurred during business, and only if there is evidence of gross negligence on the part of Owner or Owner’s employees.
11.2 Owner operates business without constantly present employees, so that items according to the Law can not be taken or respectively can not be carried to a specific place assigned. Guest is obliged not to bring any valuables (jewelleries, money and bonds etc.) to the apartment premises. Furthermore, Guest is obliged to act with caution, to use the safe and to lock all rooms in order to prevent damages. Safe shall not be used for stor-age of valuables (jewelleries, money and bonds etc.), as safe does not comply with the necessary security level. Usage of safe is at Guest’s own risk. All further storage of valuables (jewelleries, money and bonds etc.) is denied by Owner.
12.1 Generally, dogs are allowed at the apartment complex under concideration of the ordinary reg-istration at the time of booking. An additional fee for accommodation will be charged.
12.2 Guest is liable for any damage caused by pets brought to the premises.
13. EXTENSION OF STAY
13.1 Any extension of stay requires Owner’s prior consent.
14. TERMINATION OF STAY
14.1 The term of the Tenancy Agreement ends on the expiration date. If Guest departs earlier than the scheduled check-out date, Owner reserves the right to claim or retain the full rent.
However, Owner shall make every attempt to re-rent the property. Provision 5 applies accordingly.
14.2 If Guest dies, the Agreement is terminated.
14.3 If Guest does not check out and does not vacant the rented premises until 10:00 a.m., Owner re-serves the right to charge Guest for as long as the property is occupied. Additionally, Guest shall be liable for the costs incurred for supplying substitute accommodation to Guests who otherwise cannot check-in, and for the loss of property if the property is not rerentable.
14.4 Owner reserves the right to terminate the Tenancy Agreement with immediate effect, to claim or retain the full rent or to evict Guest if Guest
(i) neglects or misuses the premises or interferes with fellow occupants by means of reckless, offensive or grossly improper behaviour or commits an offence against property, morality or personal security against Owner and his/her employees or against a person residing in the apartment complex;
(ii) is affected by a disease that is either contagious or exceeds the length of stay, or if Guest requires assistance with personal care;
(iii) fails to pay the invoice within a reasonable time set by Owner.
14.5 The Agreement is terminated, in whole or in part, in the event the performance of the Agreement is completely or partially impossible as a result of force majeure.
15. PLACE OF FULFILMENT AND JURISDICTION
15.1 Place of fulfilment is the location of the apartment complex.
15.2 The parties agree that pursuant to § 104 JN, Art. 23 EUGVVO and Art. 17 LGVU, any dispute arising from this Agreement shall be exclusively governed by the competent district court of 6800 Feldkirch, Austria.
16. INFORMATION SYSTEM
16.1 All information about procedures, safety arrangements, contact persons and contact details can be found in the Resort guide brochure placed in every apartment or via the infotainment system in the apartment (if available).
16.2 Information systems lead Guests through all areas of the apartment complex.
17. SURVEILLANCE / SECURITY
Guest accepts the use of video surveillance systems in the entrance areas at the lobby.