Terms & Conditions

§ 1 Scope of application

1. These General Terms shall rule the business relationship for the short term lease against remuneration of one or more apartments in house ACLA, situated in Boedalaweg 15, 6561 Ischgl, Austria.
2. For the business relationship between Florian and/or Tatjana Ladstaetter (referred to as "Proprietor" or "we" in the following) and the client (referred to as "Renter" or "you" in the following) only and exclusively the terms stated in the following will apply.
3. All agreement details that differ from those stated in the following become only valid through the written confirmation of the Proprietor.

§ 2 Definitions

“Proprietor” or “we”:

1. Considered as Proprietor for the terms stated in the follow are Florian and/or Tatjana Ladstaetter as well as all persons who are entrusted by them with taking care of the apartments and the renting process.
2. "Renter" means the person/s with whom the Proprietor has concluded the Rental Agreement and all persons to whom the Renter gives access to the apartment/s and/or the house. "Renter" means also any business partner that concludes a Rental Agreement with the Proprietor for a third person or party.
3. “Consumer” and “Entrepreneur”: these terms shall be construed as defined by the 1979 Consumer Protection Act (Konsumentenschutzgesetz) as amended.
4. “Rental Agreement”: means the agreement made between the Proprietor and the Renter, the contents of which are specified below.
5. "Booking": means the conclusion of the Rental Agreement.
6. "Arrival day": means the day on which the lease starts, no matter if the Renter actually appears or not.

§ 3 Execution of the agreement – Payments

1. The Rental Agreement is concluded by the receipt of the agreed deposit payment before the set deadline on the account of the Proprietor as follows: Account Number 705095 Bank Name: Raiffeisenbank Wienerwald BLZ 32667 Account Holder: Florian und Tatjana Ladstaetter IBAN: AT24 3266 7000 0070 5095 BIC: RLNWATWWPRB
2. We confirm the Rental Agreement after receipt of the deposit payment by a written booking confirmation and invoice.
3. All costs for the money transfer must be paid by the Renter.
4. The deposit payment is considered an instalment of the agreed remuneration. Also, a possible full payment at booking will be considered as a deposit payment with regard to the terms referring to deposit payments.
5. Payments reaching our account late or incomplete lead to a Rental Agreement only in case we accept the delayed or low payment by a written booking confirmation.
6. In case we do not accept the late or low payment and if therefore no Rental Agreement is concluded, we will retransfer the amount we have received to your account within 7 working days. All costs for the money transfer must be paid by you. The deadline for the retransfer counts from the day on which we have received all necessary details for the wire transfer.
7. In case of accidental double booking or also to be able to react on other circumstances, we reserve the right to cancel the Rental Agreement until the balance payment has reached our account by unilateral declaration.
8. In the case of our cancellation of the Rental Agreement we will retransfer the complete amount we have received to your account within 7 working days. All costs for the money transfer will in this case be paid by us. The deadline for the retransfer counts from the day on which we have received all necessary details for the wire transfer.
9. The balance payment (total agreed remuneration minus the amount we have received on our account) must reach in our account 4 weeks before the arrival day. Deposit payments will be withheld as cancellation fee in case the full balance amount does not reach our account before the deadline. The Proprietor reserves the right to rent the apartment/s to other interested persons after the deadline if the balance payment has not reached into the stated account.
10. Cancellation by the Renter: The Renter can cancel the Rental Agreement under the following conditions: a) until 12 weeks before the arrival day without cancellation fee. We will retransfer the deposit amount we have received to your account within 7 working days. All costs for the money transfer must be paid by you. The deadline for the retransfer counts from the day on which we have received all necessary details for the wire transfer. b) 12 to 4 weeks before the arrival day: with a cancellation fee in the amount of 30% of the agreed total remuneration, which equals the deposit payment. In case we have received already more than the 30% deposit, we will retransfer the remaining amount to your account within 7 working days. c) 4 to 2 weeks before the arrival day: with a cancellation fee in the amount of 70% of the total agreed remuneration. d) 2 weeks before the arrival day until the arrival day: with a cancellation fee in the amount of 90% of the agreed total remuneration. We will retransfer the remaining amount to your account within 7 working days. e) after the arrival day: with a cancellation fee in the amount of 100% of the agreed total remuneration.
11. Noshow: In case the Renter does not appear on the arrival day without any notice to the Proprietor, the apartment will stay reserved for the Renter until 12.00 noon of the day following the arrival day. Does the Renter not appear until this time nor give notice to the Proprietor, the Rental Agreement will be considered cancelled. The Proprietor reserves the right to rent the apartment/s to other interested persons after this deadline.
12. Considered as the date of cancellation is the date on which the written cancellation reaches the Proprietor.
13. Short term bookings: For all bookings that happen within 4 weeks before the arrival day, the full agreed remuneration must be transferred immediately to the account of the Proprietor. In case the booking happens at least 2 weeks before the arrival day, a deadline of 3 working days is set for the receipt of the payment on the account of the Proprietor. The Proprietor reserves the right to rent the apartment/s to other interested persons if the payment is not received until this deadline. In this case, we will retransfer a late received amount within 7 working days. All costs for the money transfer must be paid by you.
14. Does the booking happen within 2 weeks before the arrival day, the Renter must prove the payment within one working day by sending a bank payment confirmation to the Proprietor through scan by email or Fax to +43 2772 55608. The Proprietor reserves the right to rent the apartment/s to other interested persons if the payment is not received until this deadline. In this case, we will retransfer a late received amount within 7 working days. All costs for the money transfer must be paid by you.
15. Security deposit: At arrival, the Renter has to hand over a security deposit to the Proprietor in cash, in the amount of Euro 200 for Apartment 1A, 200 Euros for Apartment 1B, 400 Euros for Apartment 2. This security deposit will be returned to the Renter in cash at departure, if the apartment/s are handed back without damages. If at departure the apartment/s are damaged, the security fee will be withheld in part or in full. The Renter is liable for all damages to the apartment/s or the house he causes and also for all damages caused by persons whom the Renter gives access to the house/the apartment/s. The Renter has to pay the full value of these damages in cash before departure.
16. Extension of the rent: An Extension of the rent is possible with the consent of the Proprietor. In case of extension the full remuneration for the extension period is due at the start of the extension period.

§ 4 Start and end of the lease

1. The Renter is entitled to move into the rented rooms from 4.00 p.m. on the day of arrival. Arrival time is 4.00 p.m. to 8.00 p.m.
2. The rented rooms must be vacated by the Renter by 10.00 a.m. on the date of departure. Departure time is 7.00 a.m. to 10.00 p.m.
3. The Proprietor is entitled to charge another day if the rented rooms are not vacated in time.

§ 5 Prevention from arrival

1. If the Renter is prevented from arriving at the apartment on the day of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Renter shall not be obliged to pay the agreed remuneration for the date of arrival.
2. The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

§ 6 Provision of substitute accommodation

1. The Proprietor may provide the Renter with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Renter, particularly if the difference is insignificant and objectively justified.
2. An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, the establishment is overbooked or this becomes necessary due to other important operational activities.
3. Any extra expenses arising from such substitute accommodation shall be paid by the Proprietor.
4. The Proprietor need not provide the Renter with adequate substitute accommodation. In case the Proprietor does not provide an adequate substitute accommodation, the full amount of the paid remuneration will be retransferred. Any further claims for damages are excluded.

§ 7 Rights of the Renter

1. By entering into a Rental Agreement, the Renter shall acquire the right to make normal use of the rented rooms and the facilities of the apartment/s. The Renter shall exercise their rights in accordance with the rules of the house.

§ 8 Obligations of the Renter

1. The renter is obliged to use the rented rooms with care and not use the rooms beyond normal wear.
2. The Renter is liable towards the Proprietor for any damage caused by themselves or any other person whom the Renter gives access to the house and/or apartment/s.
3. Number of guests: At the booking, the Renter is obliged to tell the Proprietor the number of persons who will use the apartment/s. It is not allowed that more persons than agreed use the apartments without permission of the Proprietor. If more persons than agreed will be met in the apartment/s, the Renter must pay to the Proprietor Euro 50 for each person more than agreed per day for the full amount of days of the Rental Agreement. The Proprietor is allowed to withhold part of or the full security deposit for this payment. In case the owed amount exceeds the security deposit, the Renter has to pay the remaining amount before departure in cash.

§ 9 Rights of the Proprietor

1. The Proprietor reserves the right to enter the rented rooms during the period of rent for maintenance, cleaning and to prevent damages and improper use.

§ 10 Obligations of the Proprietor

1. The Proprietor is obliged to provide the agreed services to an extent that complies with its standards.

§ 11 Liability of the Proprietor for damage to items of the Renter

1. The Proprietor is not liable for any items brought along by the Renter.

§ 12 Limitations of liability

1. If the Renter is a Consumer, the Proprietor may not be held liable for slight negligence, except for bodily injury.
2. If the Party is an Entrepreneur, the Proprietor may not be held liable for slight or gross negligence. In such event, the burden of proof to show the fault lies with the Renter. No consequential, non-material or indirect damage and no loss of profit will be reimbursed. The damage to be reimbursed is at any case limited to the amount of the damage incurred because the Renter has relied on the validity of the agreement (Vertrauensinteresse).

§ 13 Termination of the Rental Agreement – Early cancellation

1. The Rental Agreement has been made for a definite term, it shall end upon the expiry of such term.
2. If the Renter leaves prematurely, the Proprietor is entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of all apartments are fully used upon the Renters failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Renter. The burden of proof to show that savings have been made lies with the Renter.
3. The Proprietor is entitled to terminate the Rental Agreement with immediate effect for important reasons, particularly if the Renter makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the house due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty; suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care.
4. If the performance of the Rental Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Rental Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Renter. Any claims for damages etc. by the Renter are excluded.

§ 14 Place of performance, place of jurisdiction and applicable law

1. The place of performance is the place where the accommodating establishment is situated: 6561 Ischgl, Austria
2. These General Terms shall be governed by Austrian adjective and substantial law under exclusion of the provisions of international private law (particularly IPRG [Austrian act on international private law] and the Rome Convention of 1980) and the UN Sales Convention.
3. The exclusive place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.
4. If the fulfillment of the contract becomes impossible due to an event that is deemed to be force majeure (e.g. acts of God, strike, lockout, official orders, etc.), the Proprietor can terminate the Rental Agreement at any time without observing a period of notice, provided that the contract is not already terminated by law, or the Proprietor is released from his obligation to provide accommodation. Any claims for damages etc. by the Renter are excluded.

§ 15 Miscellaneous

1. Unless otherwise specified in the above provisions, any deadline shall start upon the document by which such deadline is instructed being delivered to the Renter that must comply with the deadline. When calculating a deadline based on days, the day of the moment or event to which the start of the deadline refers shall not be included in the calculation. Deadlines based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the deadline is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
2. Any declarations shall be received by the other party by the last day of the deadline (12.00 midnight).
3. The Proprietor shall be entitled to offset any of its claims against claims of the Renter. The Renter shall not be entitled to offset any of its claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or acknowledged by the Proprietor.
4. If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.