GENERAL TERMS AND CONDITIONS OF RENTAL

der Platz Liegenschafts-Verwaltungs-GmbH,
A-1030 Vienna, Messenhausergasse 13/28
(hereinafter referred to as the landlord)

The Terms and Conditions of Rental specified here are only valid in combination with an offer, receipt of the deposit and binding confirmation of the booking by the landlord.

1. RENTAL PROPERTY:
The rental property is located as indicated in the apartment category specified in the offer. Assignment of the actual apartment is effected at the location.

2. RENTAL PERIOD:
The rental period is determined by the day of arrival and day of departure indicated in the booking confirmation.

3. RENTAL PRICE:
The designated total price is understood as the rental price per apartment for the complete stay for the respective number of paying guests indicated in the offer and includes the final cleaning fee, all service charges, electricity, heating, broadband Internet, Wi-Fi, cable TV, taxes and duties plus a change of bed linen and towels every 7 days for stays of 8 days or longer.

4. FINAL CLEANING:
The tenant undertakes to settle his/her bill on arrival, including the final cleaning fee, that will be done after his/her departure. (The final cleaning fees can be found at www.towns.at ). It is pointed out that all apartments are NON-SMOKING APARTMENTS and that a fee of € 150.00 for additional cleaning will be charged and immediate vacation of the property demanded in the case of violation.

5. ADDITIONAL SERVICES:
All additional services are available upon request and availability and are booked only when a written confirmation is received. The prices can be checked at www.towns.at and the payment for any additional services booked will be done at arrival together with the accommodation invoice. During the stay, any extra service required should be fully paid once the service is confirmed by the landlord.

6. FIXED RESERVATION / DEPOSIT:
Payments for short stays (up to 28 days) in the amount indicated in the offer must be done immediately by credit card for each apartment in order for a reservation to be valid. For this purpose the tenant is requested to return the completed and signed data sheet to the landlord.  For long term stays (more than 28 days)  a deposit  in the amount indicated in the offer must be done immediately by credit card for each apartment  for the length of the stay. The deposit will be refunded after a correct check out.

7. CANCELLATION POLICY:
a. Short stays (up to 28 days): For cancellations up to 30 days before the day of arrival, no additional fees, except a onetime administration fee of € 150,00, are going to be charged. For cancellation up to 7 days before the day of arrival, 50% of the total price of the reser-vation will be charged. For cancellations later than 7 days before arrival or no shows, the total price of the reser-vations will be charged.
b. Long-term stays (from 29 days): For cancellations up to 30 days before the day of arrival, no additional fees to the already paid advance payment are going to be charged. For cancellations later than 30 days before arrival or no shows, 50% of the total price of the reservations, no higher than 3 month’s rent, will be charged. The landlord is entitled to charge the cancellation fees to the credit card of the tenant.

8. TERMS OF PAYMENT:
In the case of short stays the total price must be paid immediately. Payment can be made in cash only in Euro, by credit card (Visa, Masters) or Maestro. In the case of long-term stays payment for the current month must be made on arrival. Each further month should be paid promptly be-fore the end of the previous month. Default interest at a rate of 1.20% for each month or part thereof is hereby agreed should the tenant be in default of payment. Payment for stays lasting longer than 32 days must be settled by bank transfer; if payment is made by credit card, the commission of 1.20% incurred will be charged for. Bank transfers are to be made free of bank charges exclusively to the account indicated at the bank: BTV AG, BIC: BTVAAT22, IBAN: AT30 1630 0001 3013 6613.

9. CHECK-IN / CHECK-OUT:
The apartment is available from 2:00 p.m. on the day of arrival. The apartment must be vacated by 10:00 a.m. on the day of departure. The key can be obtained from the 24-hour check-in key-box at any time outside of office hours with the code provided, when this situation was communicated to our staff and the total cost of the accommodation was paid in advance. The key must be left on the table, in the apartment on the day of departure. An extra day will be charged if vacation of the apartment is delayed beyond the stipulated time, if this was not communicated to the landlord with a minimum 24-hours in advance.

10. SUBSTITUTE ACCOMMODATION:
The landlord is entitled to offer the tenant substitute accommodation.

11. EVICTION IN THE EVENT OF DEFAULT IN PAYMENT OR DEVASTATION:
In the event the tenant does not make the agreed payments and after the sending of a reminder (either by letter to the last know address given or leaving of a letter in the apartment) and setting of a payment deadline of 2 days, the landlord is entitled to clear the apartment at the cost of the tenant. The landlord is entitled to instigate immediate clearance proceedings in the event that the tenant devastates the apartment or does not comply with the general rules of the house and if such behaviour represents a danger or is the cause of sustainable damage to the property or is a source of great annoyance to other tenants.

12. LIABILITY:
If the tenant is a consumer, the landlord may not be held liable for slight negligence, except bodily injury. If the tenant is an entrepreneur, the landlord may not be held liable for gross negligence. In such event the burden of proof to show the fault lies with the tenant. No consequential, non-material or indirect damage and no loss of profit will be reimbursed.

13. ADDITIONAL CHARGES DEBITED TO THE CREDIT CARD:
Hereby, the tenant agrees that any unpaid bills, damage, losses, charges for bank transfers or cancellation fees can be charged to his/her credit card and will lead to a subsequent debit.

14. MISCELLANEOUS:
(1) It is not permitted to make any structural or technical changes to the property.
(1) A charge of € 50.00 will be made for any use of the emergency number that is to be found in every apartment.
(3) A charge of € 150.00 will be made if a key is lost or not returned or if the services of a locksmith are necessary.
(4) Unless agreed and approved in advance by the landlord, no animals are allowed in the apartments.
(5) Smoking is not permitted in the apartments.
(6) The landlord checks the apartments for proper cleaning once a month.
(7) The tenant must notify the landlord immediately of any defects, imminent danger or missing inventory in the apartment.
(8) The tenant expressly agrees to use the apartment and the complete inventory with care and respect at his/her own risk and to indemnify and hold harmless the landlord for all damage or right of recourse that might arise from such use.
(9) The tenant is liable for any damage or impairment to the rented rooms and inventory and the communal areas for the whole duration of the rental period.
(10) The tenant undertakes to rent the landlord’s property solely for use as a second residence due to a temporary change of location for business reasons or solely for use as a second residence for recreational and holiday purposes. Under no circumstances shall the tenant use the rental property for commercial purposes.
(11) The “Fair Use” rule applies to the use of the Internet.
(12) The landlord is liable for making the apartment available. An apartment category is agreed, but no specific apartment is guaranteed. Under adverse circumstances the landlord is entitled to offer the tenant and his/her registered guests a comparable accommodation. This contract shall be cancelled with immediate effect in the event no comparable accommodation is available or the tenant refuses the offer made by the landlord. In such cases the liability of the landlord is limited to reimbursement of rental payments already made but not used.
(13) Should one of the conditions listed above become invalid either in part or in whole, this shall in no way affect the validity of the remaining conditions. Moreover, the invalid condition shall be replaced with a valid condition that comes as commercially close as possible to the original intent of the landlord and the tenant.
(14) These General Terms and Conditions of Rental shall be governed by Austrian law. Place of performance and place of jurisdiction is 1030 Vienna.