In the event of any discrepancies or contradictions between the English and the German version of these Terms and Conditions, the German version shall prevail.
1. SCOPE OF APPLICATION
1.1
These Terms and Conditions apply to all agreements between the tenant and the landlord regarding the temporary rental of holiday apartments for accommodation purposes and any other services provided in connection with such accommodation and rental. By making a booking or submitting a rental request, you accept these General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the booking. The GTC govern the details of the contractual relationship and also include important consumer information in the legally binding version.
1.2 Definitions:
- “Accommodation Provider”: A natural or legal person who accommodates guests in return for payment.
- “Guest”: A natural person making use of accommodation. The guest is usually also the contractual partner. Guests also include individuals accompanying the contractual partner (e.g., family members, friends).
- “Contractual Partner”: A natural or legal person, domestic or foreign, who concludes an accommodation contract as a guest or on behalf of a guest.
- “Consumer” within the meaning of these GTC is any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An “Entrepreneur” is any natural or legal person or partnership with legal capacity acting in the exercise of their trade, business, or profession.
Operator of the website “eqbase.at”:
equilibria Immobilienmanagement GmbH
Am Grünen Prater 13/1, 1020 Vienna, Austria
VAT: ATU67420025
Company Register Number: 384351y
Contact:
Email: hospitality@equilibria.at
Phone: +4312368219
1.3
The “Tenant” is any person concluding a legal transaction for private and/or commercial purposes. The rental is only permissible for individuals aged 18 or older.
2. CONCLUSION OF CONTRACT
2.1
A contract is formed upon acceptance of the tenant’s reservation request. The reservation request is submitted by the tenant actively selecting one of the rental properties on the online platform. By completing the required steps, the landlord is notified of the request. After review, the landlord confirms the selection by sending a booking confirmation via email. The confirmation includes the total price payable. The booking is only finalized once payment is made, at which point the rental contract becomes legally binding.
2.2
The booking confirmation includes details on payment, total rent, and the period of stay. Upon timely receipt of payment, the rental contract is legally binding for both parties. The tenant assumes responsibility for the obligations of all accompanying persons.
2.3
Contracts are concluded in either German or English.
3. SERVICES AND PRICES
3.1
The scope of services is based on the contract or booking confirmation. Online service descriptions are prepared to the best of our knowledge, but no guarantee is made for errors.
3.2
The rented property may only be occupied by the number of people stated in the confirmation. Children count as persons.
3.3
The landlord reserves the right to adjust prices at short notice to fill booking gaps. Existing bookings and related contracts remain unaffected. The tenant cannot derive claims from interim price changes.
4. RENTAL PERIOD
4.1
The rental period is set out in the rental agreement. Check-in is from 3:00 PM, check-out by 11:00 AM. Deviations require prior agreement; the landlord may charge a surcharge.
5. PAYMENT TERMS
5.1
Payment is due upon receipt of the booking confirmation. Rental costs without a specified due date must be paid immediately and in full. The landlord may demand immediate payment of outstanding claims.
5.2
In the event of delayed payment, the landlord may cancel the reservation.
5.3
The landlord may request a reasonable advance payment or security deposit, particularly to cover potential damages.
5.4
Accepted payment methods:
- Credit card (Visa, Mastercard, American Express)
6. TERMINATION OF CONTRAC
Either party may terminate the contract via:
- Termination
- Withdrawal or cancellation
- Extraordinary reasons
6.1 Termination
- Termination must be in writing and submitted to the other party.
- Tenant termination must be submitted within the cancellation period. The tenant bears the burden of proof.
6.2 Withdrawal/Cancellation
6.2.1 By Tenant
- The tenant may withdraw in writing at any time.
- Free cancellations are generally accepted up to 30 days before arrival.
- Later cancellations or no-shows entitle the landlord to retain the advance payment.
- Exceptions may be agreed upon in writing after booking confirmation.
6.2.2 By Landlord
- If the advance payment is not made on time, the landlord may withdraw.
- Withdrawal must be declared in writing.
6.3 Extraordinary Reasons
The landlord may withdraw for good cause, such as:
- Force majeure
- False or misleading information during booking
- Behavior endangering operations, safety, or reputation
Examples:
- Disruptive behavior
- Bringing extra guests (a surcharge may apply)
The landlord must notify the tenant immediately. In such cases, no compensation is due to the tenant.
6.3.1 Early Departure or Late Arrival
- No refunds will be granted for early departures or late arrivals.
7. LIABILITY
7.1
The tenant is liable for damage caused by themselves or accompanying persons. This includes damage exceeding normal wear and tear. Parents are liable for their children. The landlord accepts no liability for theft, fire, or water damage.
7.2
Loss of keys must be reported, and replacement costs borne by the tenant.
7.3
No liability is assumed for lost property. Items are returned only upon request and at the tenant’s expense.
8. TENANT OBLIGATIONS
8.1
The tenant agrees to treat the property and furnishings with care. Any damage must be reported and compensated.
8.2 House Rules:
- No pets
- No sleeping bags
- Waste must be disposed of properly
- Quiet hours: 10:00 PM to 8:00 AM
- No smoking indoors
- No parties
8.3
Guests must complete and submit the online registration form.
8.4
At check-out, all windows and doors must be securely closed. The landlord assumes no liability for resulting damage from burglary.
8.5
All house rules and website terms must be observed.
9. WARRANTY
9.1
Austrian Civil Code (ABGB) warranty rights apply. For consumers, the Consumer Protection Act (KSchG) also applies.
9.2
Defects must be reported immediately. If the defect significantly affects the stay and is not remedied in time, the tenant may reduce the rent or cancel the contract.
9.3
In the event of justified cancellation (e.g., due to force majeure), prepaid amounts will be refunded. Further claims are excluded.
10. PARKING
10.1
Public street parking is available. Note: short-term parking zones apply in Vienna.
10.2
No liability for damage, theft, or break-ins involving vehicles.
11. TRAVEL LAW
11.1
The landlord is not a tour operator. Therefore, travel law and operator liability provisions do not apply.
12. SEVERABILITY CLAUSE
12.1
If any part of these terms is invalid or unenforceable, the remaining provisions remain in effect. An alternative valid provision should be substituted to reflect the intended meaning.
13. PLACE OF PERFORMANCE AND JURISDICTION
13.1
Place of performance is where the rental property is located: Vienna, Austria.
13.2
Exclusive place of jurisdiction is the competent court in Vienna.