General business terms
EXTENT OF RIGHT OF USE
1.1 The premises will be used exclusively for secondary residential purposes and does not serve the lessee as a primary residence within the meaning of § 66 JN. The lessee confirms that the premises do not serve to meet his immediate need for accommodation.
1.2 Only the interior of the premises shall be rented and not the outer surfaces, corridors, walls or other general parts of the property or the building. No basement room shall be rented out.
1.3 The lessee is prohibited from keeping house pets. Only through a special agreement by the lessor, pets are permitted. The lessee shall pay double the originally planned amount of the deposit.
2. STATE AND AMENITIES OF PREMISES; STRUCTURAL CHANGES
2.1 The equipment of the premises as it is made available by the lessor is in the attached facilities’ description.
2.2 The lessor does not guarantee any condition, any quality or any possible use of the premises.
2.3 The lessee is prohibited from making changes (adaptations) of any kind to the premises.
3. PREMISES MAINTENANCE
3.1 The lessee is obligated to maintain the premises in perfect, mint condition at all times at his own cost without any claim to compensation at and maintain it to the extent that it does not relate to the elimination of serious damage to the building or the repair of equipment provided by the lessor. Serious damages to the building are damage to the bearing structure, the roof and the facade of the building which prevents the rental object from being used for its intended purpose. The lessee must notify the lessor in writing immediately of all damages.
3.2 The lessor or the company commissioned by him is allowed to make repairs and structural changes that are required for proper preservation and maintenance without the consent of the lessee.
3.3 The lessee is obligated to treat the premises along with the included equipment, windows, facilities and amenities as well as the common facilities and equipment with proper care and to use the premises, including facilities and equipment without affecting the other lessees, their families, employees, visitors, vendors, authorized craftsmen or other people. The lessee is responsible for ensuring that this obligation is met by his family, employees and visitors.
3.4 The lessee must make use of the premises in compliance with all regulatory, in particular fire safety, regulations and must carry out the use of premises only to the extent that it is permitted by the lease according to the law and official regulations.
3.5 The lessee is liable to the lessor regardless of blame for all damages and consequential damages and disadvantages that arise from the violation of his obligations under the lease.
The lessee warrants that all statements made by him are true and accurate and the lessee is liable for any damages or disadvantages which occur to the lessor because of false statements, concerning lessee’s primary residence of the purpose of the rental agreement.
3.6 The lessee is responsible for any damage to the leased property, accessories, or equipment and obligated to immediately repair the damage if the damage is caused by themselves, their families, suppliers, visitors or animals. If the event causing damage is in the premises, or originates from there, the lessee is required to provide evidence that neither he nor his family, employees, suppliers, visitors have caused the damage.
3.7 The available supply and disposal lines (electricity, gas, water, sewage, etc.) may be used
only to such an extent that no overload occurs.
3.8 In case of defects or damages, the lessee is to undertake an immediate shutdown and notify the lessor or his agent immediately. A change in the energy supply, particularly electricity voltage, which is not caused by the lessor does not give the lessee the right to claims against the lessor or the assertion of claims on rent reduction or exemption.
3.9 Should the lessee not comply with his obligations under Points 3.1 to 3.4 or if there is danger of default, the lessor is entitled to perform the necessary work at the expense of the lessee. In the event of imminent danger or unknown whereabouts of the lessee, a notice is not required. The lessor makes all deliveries of such to the lessee’s last known address of the lessee.
3.10 The lessee cannot seek any legal consequences for disruptions of building services such as, for example, water supply, defects of gas, light, electricity, sewerage, power and water lines, elevators and the like. The lessor, however, shall undertake all necessary action for immediate resolution.
3.11 The lessor is not liable for damage caused by moisture, fire, theft or similar effects to the lessee’s possessions of whatever kind, unless employees of the lessor have caused that damage deliberately or through gross negligence. The lessee is advised to take out renters’ insurance to cover such damage.
3.12 The lessee is obliged to comply with the lessor’s general requirements for the facility/building and to adopt those needs to all House Rules. The House Rules in their current version are subsidiary to the rental agreement. The lessee has been notified of the House Rules. Any costs that may arise due to negligence shall be borne by the lessee.
3.13 The lessee is obliged to make sure that, at the time of check out, kitchen is returned in the same condition as it was taken over when checking into the apartment (Refrigerator, Dishwasher, Oven and the ceramic glass cooktop are empty and clean and all dishes and cutlery are washed and placed in to the cabinets). Otherwise additional fee for cleaning of the kitchen will be charged.
4.1 The first invoice including compensation (rent), operating and maintenance fees and sales tax is due upon conclusion of lease agreement. For rental agreements of less than two months, payment of the entire rental period is due in advance. For rentals longer than two months, where the contract does not begin on the first of the month, the first invoice, which is due in advance, will include the fraction of the first month and the entire second month. Subsequently, the compensation (rent), including operating and maintenance fees and sales tax is due on the first of each calendar month, and the promptness of the payment is determined by date of receipt into the lessor’s account. In case of default, interest is payable to the amount of 8% above the prime lending rate.
4.2 Since the agreed compensation (rent) also includes the operation and maintenance costs (heating, electricity, internet, etc.) availability of these supplies is contingent to the timely payment of the rental invoices and cannot be guaranteed in case of a late payment.
4.3 The stable value of rental fees shall be expressly agreed upon. This means that the rental fee will be adjusted annually according to the prevailing inflation rate. This is calculated using the Statistics Austria Consumer Price Index 2013 = 100, or another index selected in its place. The disclosed index figures apply as the reference for the month of handover. The fee will increase annually to the extent to which the index value increased, in the twelve months following the initial signing of the lease. For example: if the index number for a rental agreement starting October 2013 = 100; and the index figure for inflation in October, 2014= 105; rent increased by 5% starting November 2014.
4.4 All bank charges and currency exchange rate fluctuations related to payments and reimbursements are to be covered by the lessee.
5. DEPOSIT; SET-OFF OF CLAIMS
5.1 The lessee shall provide a security deposit, at the latest, by check-in date. The deposit serves to secure all claims of lessor from the tenancy. Should the lessee does not fulfill his obligations set forth in this agreement, the lessor preserves the right to use provided deposit to cover any costs related to this rental agreement without seeking for additional approval of the lessee.
5.2 If the lessor claims the deposit during the tenancy, for example, due to damage caused by the lessee, the lessee is obligated to replenish this claim amount at the request of the lessor within 14 days. If the security deposit is a bank guarantee that expires before termination of the rental agreement, the lessee is obligated to extend the bank guarantee at the latest three months before its expiration, failing which the lessor is entitled to use the bank guarantee (conversion into cash deposit). Any delays in this regard are subject to additional late fees.
5.3 Offsetting claims by the lessee against claims by the lessor and the assertion of a right to retention by the lessee are not allowed. This does not apply to the case of claims by the lessee that are recognized by the lessor or legally determined.
5.4. Provided security deposit serves as a guarantee for claims, which result from the present rental agreement and will be refunded upon returning the premise in a proper and faultless condition. The security deposit, paid via bank transfer or cash, will be reimbursed to the bank account provided by the lessee after the contract has ended. Any related bank charges/fees are to be borne by the lessee. No cash reimbursements are permitted.
5.5 All bank charges and currency exchange rate fluctuations related to reimbursement of deposit are to be covered by the lessee.
6. SUBLETTING; TRANSFER OF USE;
6.1 Subletting, or other transfer of use of property full, partial or no compensation is not permitted without the express consent of the lessor.
7. HANDOVER AND TAKEOVER OF PREMISES
7.1. Handover of the premises takes place on the date of contract commencement. The lessee is obligated to inspect the premises, after the handover, for completeness of the inventory and any possible deficits. The deficiencies are to be reported to the lessor, within 48 hours after the check-in, using the deficiencies list provided by the lessor. Deficiencies not declared within this time period are considered as deficits caused by the lessee.
8. EARLY TERMINATION OF AGREEMENT
8.1 The rental agreement expires after the agreed rental period.
8.2 An early termination of the contract for rental agreements less than 60 days is not possible.
8.3 Rental agreements until 120 days can be terminated under a termination notification of 30 days.
8.4 Rental agreements longer than 120 days can be terminated under a termination notification of 60 days.
8.5 Each contracting party is entitled to an early termination of the contract irrespective of the contract period if the other party violated the rental agreement negligently or persistently in spite of a written warning and a grace period.
8.6 The lessee agrees clearly that, in case the contract is cancelled by the lessee earlier than the agreed end of contract, the lessor would be entitled to rental rates applicable to the shorter contract duration. Consequently the lessee is obligated to pay the difference between the offered rental rate and the rental rate which would be applicable otherwise to a short term booking.
9. TERMINATION OF TENANCY; ENTERING RENTED PREMISES
9.1 Upon termination of the rental agreement, the lessee shall return the premises in the same condition as it was taken over with own movables cleared, in consideration of the natural wear.
9.2 In the case of premature termination of the rental agreement, the lessee is obliged to invite the lessor in writing for the return appointment, while stating that the premises is in the stipulated condition. This should be made a week before termination, at the latest within 24 hours upon receipt of the declaration of premature termination. The return appointment should take place at the latest a week following the receipt of the declaration of premature termination.
9.3. The lessee is advised to take a private cancellation insurance policy that includes the consequences of an incidental premature termination of contract desired by the lessee.
9.4. Upon termination of the rental agreement, the premises shall be returned to the lessor in useful condition, changed only by normal wear (especially cleared of all movables of the lessee) including keys, without any compensation claim for any possible investments and modifications made by the lessee.
9.5. The lessor or a representative appointed by him can enter the rented premises during normal business hours, after prior announcement.
- For visiting and assessing the condition of the premises;
- To show the premises to parties interested in renting it;
- For preparation and execution of construction-related measures and any maintenance and/or servicing work (e.g. repairs) that should be tolerated by the lessee;
- For other important reasons.
9.6. In case of default risk, the lessor or a representative appointed by him is entitled to access the premises at any time without notification.
9.7. The lessee has to inform the lessor at the contract initiation whether an extension of the rental agreement beyond the agreed rental period is desired. In this case, and once the availability of the premise is verified by the lessor, an extension option will be granted. To use this option the lessee agrees to inform the lessor, in writing, at least one month prior to the end of the contract whether he wants to make use of the extension option.
10. OTHER PROVISIONS
10.1 Any notification related to the lease must be issued in writing and can be submitted in person, by return-prepaid post, by email or fax to the designated contact point of the party pursuant to lease. The lessee bears all expenses incurred in the construction of the lease contract including applicable taxes, fees and charges.
10.2 Changes and additions must be made in written form, upon confirmation of the lessor; this also includes a waiver from this formal requirement.
10.3 A fee of € 150,- will be charged for loss of key.
10.4 All premises are non-smoking premises. Should smoking occur in the premises, the lessee shall be charged for additional cleaning costs in the amount of at least € 600,- depending on the premises size.
10.5. The lessee acknowledges that the lessor can carry out an examination of the lease object at any time with advance notice to the lessee. The lessor is entitled to perform this inspection up to once per week, if necessary.
10.6. The lessor is entitled to have the premises inspected by any prospective lessee once the current lessee has been given reasonable notice.
10.7 The Parties agree that all disputes relating to this rental agreement, even at its termination, are the exclusive jurisdiction of the local court. As such, the parties agree to adhere exclusively to the laws of the country in which the property lies, with the exclusion of the reference standards of the Private International Law and the UN Sales Convention.
10.8 The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
10.9 Please notice that lease contracts for serviced apartments in Austria are not within the provisions of conventional apartment lease regulations (§ 6 Abs 1 Z 1 lit d UStG). Hence, the lessor is not allowed to issue invoices without Value Added Tax (VAT). However the tax exempt diplomats could get the paid VAT refunded by submitting the form U-43 to the Austria Federal Ministry of Finance.
11. Cancellation and Rescission of Agreement
11.1. A cancellation or rescission of the agreement shall be in writing, provided that it has been received one month before the arrival date. In this case only a processing fee of € 250, - will be charged.
11.2. If the cancellation was received by the lessor at last one month before the agreed date of arrival, the following cancellation fees shall be charged:
- Upon receipt of up to 14 days before the agreed date of arrival: 40% of the total rental cost (up to maximum one month rent).
- Upon receipt of up to 7 days before the agreed date of arrival: 70% of the total rental cost (up to maximum one month rent).
- Upon receipt of up to less than 7 days before the agreed date of arrival: 90% of the total rental cost (up to maximum one month rent).
- In case of "no show", 100% of the weekly or monthly rental (one month rent).