General Terms and Conditions (AGB)
for renting the holiday flat Living 9, Kaiserweg 4, A-6344 Walchsee
01.01.2025
The following regulations apply with contract conclusion for the vacation home specified in the reservation confirmation as agreed. They are available on the Internet at www.walchseeurlaub.at or can be sent by e-mail on request.
Preliminary remark: With the following regulations misunderstandings are to be avoided. In general, a direct conversation clarifies things better than any set of rules.
1. contact data (landlord)
Apartment Living 9
Kaiserweg 4, A-6344 Walchsee
Phone: +49 163 6342063 E-Mail: info[at]walchseeurlaub.com Homepage: www.walchseeurlaub.com
The vacation home Living 9 is operated by:
Pia Bhamroyal, Kaiserweg 4, 6344 Walchsee, Austria
2. conclusion of contract (rental contract)
With the binding booking of the holiday apartment via the landlord, which can be made via the Internet, in writing or by telephone, a contract is concluded, which becomes effective when all the required information is available and the confirmation of the booking by the landlord by e-mail.
3. payment of the contract price
With the rent, the costs of the final cleaning and the visitor's tax to be paid to the municipality are charged as a lump sum.
30 % of the basic rent and additional costs are to be transferred to the account stated in the invoice immediately after receipt of the booking confirmation, at the latest 7 working days after receipt of the booking confirmation. The balance is due and payable up to 3 working days before departure.
In the case of a short-term booking (up to 7 days before the start of the journey), the tour price must be transferred immediately or, in exceptional cases, paid on arrival by arrangement.
The visitor's tax of currently € 2,60 per person (15 years and older) per night should also be paid by bank transfer, in exceptional cases the amount can be paid in cash at check-in.
4. occupation of the rental object (arrival)
The tenancy begins on the day of arrival with the takeover of the holiday apartment from 2:00 PM and ends on the last day, if nothing else is agreed, at 10.00 AM. For the additional use of the holiday home on the day of departure until 18:00 o'clock (only after arrangement and availability!) a flat rate of € 60,00 will be charged.
5. key
The keys for the rental property are to be handed over to the tenant on the day of arrival after presentation of the booking confirmation.
If a key is lost, this must be reported immediately. The costs for the necessary replacement of the locking system shall be borne by the lessee.
6. departure
On the day of departure, unless otherwise agreed, the holiday apartment is to be returned to the landlord or a person commissioned by him in a proper condition by 10.00 AM. The costs of the final cleaning are raised with the rent. At departure doors and windows are to be closed, garbage should be emptied, bedding should be stripped and the dishes are to be left washed. All keys are to be handed over personally.
The landlord or his representative has the right of a detailed control. Any defects (damage or loss of inventory) must be reported by the tenant.
7. persons
The rental property will only be made available to the contractually agreed persons according to the booking. Subsequent changes require the written permission of the landlord. This applies in particular to overnight stays by other persons due to the visitor's tax to be paid. In the event of violations, the landlord is entitled to expel the persons not listed in the booking from the holiday property. In all other respects, infringements can justify any claims for damages.
8. pets, smoking, noise
Bringing pets is only allowed in agreement with the landlord. This also applies to visitors of the tenants. The tenants are asked not to smoke inside the holiday flats. Ashtrays are provided outside. The tenants are aware that there are other residents in the building and in the neighborhood and that they should not be disturbed by noise (loud music). Parties in the apartment or on the property are prohibited. After 22:00 o'clock a moderate volume on the terrace/balcony or with opened door is to be considered.
9. maintenance of the holiday home
The tenant(s) undertakes/oblige(s) to treat the rented premises including inventory with care or to protect them from any damage. In particular, objects on the terrace must be protected from leaving the apartment, sunshades must be closed, cushions or indoor furniture must be kept safely in the apartment. During the rental period, damage to the holiday home and on the property or shortages in the inventory must be compensated by the tenant, unless he can prove that the persons accompanying him are not to blame for the damage or shortage. The tenant must immediately notify the landlord of any incompleteness of the inventory or existing or occurred defects in the rented property, otherwise the landlord is entitled to compensation claims based on this. The lessee is 100% liable for any damage caused by his own fault. Parents are obliged to exercise their duty of care towards their children, otherwise the landlord cannot be held liable. The tenant(s) assures with contract conclusion to have a valid liability insurance.
10. obligations and rights of the landlord
With the effective conclusion of the contract, the lessor is obliged to provide and hand over the rental property in accordance with the contract. Should the holiday home not be able to be used by the tenant as agreed despite all the care taken by the landlord or due to circumstances for which the landlord is not responsible (storm catastrophes, fire, explosion, damage to the house, vandalism, etc.), the landlord shall only be liable to the amount of the agreed and paid rental price.
If an agreed advance payment is not made within the specified period, the landlord is entitled to withdraw from the contract.
Furthermore, the landlord is entitled to withdraw from the contract, if the holiday flat is booked under misleading or wrong information of essential facts, e.g. in the person of the customer or purpose. The landlord has to inform the guest immediately before exercising the right of withdrawal, should the above-mentioned facts arise. In the event of justified withdrawal by the Lessor, the Client shall not be entitled to claim damages. Payments already made will be refunded to the guest in accordance with the cancellation regulations.
11. Liability
The landlord is liable for the proper performance of the contractually agreed services. If the holiday home has a defect that goes beyond a mere inconvenience, the guest to the landlord or his agent the defect immediately. If the landlord becomes aware of the defect, he will endeavor to remedy it. The guest is obliged to contribute what is reasonable in order to remedy the disturbance and to keep any possible damage to a minimum. Should an inspection of the apartment by the landlord or his representative be necessary during the rental period for this purpose or to avert damage, this is possible at any time and will be announced to the tenant in advance if possible. The landlord is not liable for any items brought in.
12. rules of use
The house rules laid out in the holiday flat for the holiday flat and the property are part of the general terms and conditions.
WLAN - Terms of use - Holiday apartment Living 9, Kaiserweg 4, 6344 Walchsee, Germany
- Supplement to the rental contract / general terms and conditions user agreement for the use of Internet access via WLAN
13. allowing the shared use of a WLAN
The landlord provides internet access via WLAN in his holiday apartment Living 9. He allows the guest to use the WLAN access to the Internet for the duration of his stay. Shared use is a service and can be revoked at any time. The guest does not have the right to allow third parties to use the WLAN.
The landlord does not guarantee the actual availability, suitability or reliability of Internet access for any purpose. He is entitled at any time to stop the operation of the WLAN completely, partially or temporarily and to restrict or exclude the guest's access completely, partially or temporarily. In particular, the owner reserves the right to block access to certain pages or services via the WLAN at his own discretion and at any time (e.g. pages glorifying violence, pornographic or paid for pages).
14. access data
The use takes place by input of user name and password. The access data (user name and password) are only intended for the personal use of the guest and may not be passed on to third parties under any circumstances. The guest undertakes to keep his access data secret. The owner has the right to change access codes at any time.
15. dangers of WLAN use, limitation of liability
The guest is advised that the WLAN only allows access to the Internet. Virus protection and firewall are not available. The data traffic created using the WLAN is encrypted. The owner expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN. Use of the WLAN is at the guest's own risk. The Lessor accepts no liability for damage to the Guest's PC caused by the use of Internet access.
16. responsibility and indemnification of claims
The guest himself is responsible for the data transmitted via the WLAN, the chargeable services used and the legal transactions carried out.
If the guest visits chargeable websites or enters into liabilities, the resulting costs are to be borne by him.
The guest is obliged to comply with applicable law when using the WLAN. He will in particular:
- use the WLAN neither to retrieve nor to distribute immoral or illegal content;
- not to illegally copy, distribute or make accessible any copyrighted goods;
- observe the applicable regulations for the protection of minors;
- do not send or distribute any harassing, defamatory or threatening content;
- not use the WLAN to send mass messages (spam) and/or other forms of inadmissible advertising.
The guest indemnifies the owner from all damages and claims of third parties based on an illegal use of the WLAN by the guest and/or on a violation of this agreement, this also extends to costs and expenses associated with the use or defense of the use.
If the guest recognizes or must recognize that such a violation of law and/or such a violation exists or threatens, he points the landlord or a third party determined by him to this circumstance.
This usage agreement is binding for the guests who use the WLAN of the Living 9 holiday apartment and is in this case part of the current "GTC", which can be read on the website www.walchseeurlaub.at, www.walchseeurlaub.com, www.kaiserwinkl.com, as well as in the guest information folder.
Written form requirement
Any amendment or addition to the tenancy agreement must be made in writing to be effective.
Place of jurisdiction, applicable law
The exclusive court of jurisdiction for all disputes arising from the contractual relationship is Kufstein. Austrian law shall apply.
