| The agency acts in the name of the proprietor: |
1. |
The tenancy comprises the holiday
home or apartment with all conveniences as listed in the prospectus. It
may be occupied and used only by the number of persons stated in the contract.
A child is to be considered as one person. The tenancy
is only valid for the time confirmed. The minimal duration amounts to 7 days. The day of
arrival and the day of departure shall together be counter as one days. Arrival
Saturday after 4 p.m., departure Saturday until 9 a.m. |
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2. |
Tenant is entitled to the use
of the whole home or apartment including all furniture and conveniences with
normal care and he is responsible for it. Tenant is obliged to report all defects
and damages arising during his tenancy without delay. Upon departure tenant must
hand over the home or apartment with all conveniences properly cleaned and in the same
condition he has previously taken it over. He is liable for all damages
caused by him or the persons accompanying him, with the burden of proof lying on him. |
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3. |
The agreed rent comprises all
conveniences listed in the prospectus, rent and rates exchange subject to
alterations. Extra cost such as electricity, gas, hot water, fuel,
heating, visitor's tax, final cleaning fee etc. must only be paid by tenant to lessor if
expressly stated on the price-list. |
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3.a |
Tenant pays to agency a fee of ATS
290,-/Euro 21,- for each booking. |
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4. |
When handling over the key, the
lessor may ask the tenant to pay an amount as surety, which may be kept
on expiration of the rental contract if may damage has been caused to be property or if
should require recleaning. Should this amount pays as surety turn out to be insufficient
to cover the actual costs of the repair or cleaning, the lessor may claim
the difference from the tenant even after their departure. The amount of the surety will
be repaid in full in the event of no damage being caused or not further cleaning being
necessary. |
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5. |
The contract of tenancy over the website is
concluded when the objects in the shopping basket are submitted with the point "Reservation" marked. The latter has to pay within 14 days after concluding
the contract 30 % of the total rent plus a booking fee to the account of
the agency. The balance must be credited to the account of the agency 30 days
before moving into the home or apartment at the latest. Lessor may cancel this
contract if these terms are not kept, and reserves to himself the right to claim damages.
Should tenant book the home or apartment less than forty days before moving in, the total
rent is payable immediately after confirmation, with lessor having the right to cancel the
contract upon default. After full payment of rent tenant will receive a voucher
which is to handed to lessor or the holder of the key upon arrival. The voucher confirms
that tenant has paid the rent in full. |
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6. |
Tenant undertakes to
notify the holder of the key of the time of hits arrival, unless that takes place
at the presided time on Saturday between 4 p.m. and 6 p.m. Tenant
undertakes to leave the home or apartment on the day of departure at 9 a.m. at the
latest. The holder of the key must be informed of the time of departure, in order
to enable him to check the home or apartment. |
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7.a |
Tenant may cancel the
contract until 30 days before the agreed beginning of the tenancy. In that case
his down-payment will be forfeited. If he cancels at a later time he must also pay the
remaining balance of 70 % of the agreed rent. |
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7.b |
Amounts paid by tenant will,
however, be refunded to him and no further rent claimed resp., if a substitute
tenant concludes a contract for the same time and in the same conditions. |
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7.c |
If such cancellation
is not covered by appropriate insurance, the agency reserves the right to claim costs from
tenant. |
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7.d |
Changes of time and place
will be regarded as cancellation with subsequent new booking. |
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7.e |
Tenant may taken out insurance
for the case of cancellation that will reimburse him the rent paid less 10 % deductible.
(See conditions overleaf) |
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8.a |
Tenant has no claim
against agency or lessor or affiliated organisations, if he is of the - opinion that the
home or apartment falls short of his expectations. |
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8.b |
Any arising complaints
should be addressed to the lessor or keyholder. Please inform the agency
immediately if he cannot help. Later reclamation, after your departure cannot be
considered. |
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9. |
The lessor and agency do
not assume any liability for the tenant as long as he lives in the home or
apartment. There is no insurance for the tenant or his belongings whatsoever. |
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10. |
Without written consent no pets
may be taken into the home or apartment. |
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11. |
The agency is entitled to cancel
the contract of tenancy in case of vis major, war, strike, altered dispositions
of the lessor or other similar compelling reasons with our notice. In such a case all
payments of rent have to be refunded in full. The agency is only acting in the
name of the lessor. Therefore it is not responsible for damages, accidents,
losses, irregularities or breach of contract by the lessor or any other damages suffered
by tenant for whatever reasons. |
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12. |
Information and
descriptions are given by the agency to the best of their knowledge and belief
but without guaranty for the actual facts. Should any liability of the agency or the
lessor arise it is limited to the agreed amount of rent. |
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13. |
Should tenant wish to rent
the home or apartment again within the following two years he is obliged to do so
via the agency or else they must be indemnified for the lost commission. |
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14. |
Bludenz is to be considered as domicile
of the contracting parties for the purpose of this contract and the court there
will have jurisdiction for all legal cases arising out of the contract between the client,
the agency and the lessor. All changes of price and errors reserved. This contract of
tenancy is exclusively governed by Austrian law. |