General Terms and Conditions of Business Hereinafter you shall be referred to as Tenant, and Cavarchione s.r.l. - the operating company of the holiday estate - shall hereinafter be referred to as Landlord. The Tenant's booking of the Villa Cavarchione can basically be carried out by phone over the contact person Ms. Helga Wallner, Wasendorferweg 7A, 8750 Judenburg, Austria, tel. 0043-664-1232702 or over Mr. Wolfgang Lakonig, Mantschehofgasse 36, 9020 Klagenfurt, Austria, tel. 0043-664-5237794, however this must be confirmed on the part of the Tenant in writing by post, by fax (0043-3572-84148-19) or over the Internet (info.wallnerdach@utanet.at) for the attention of Ms. Helga Wallner. The Tenant shall immediately receive a reservation confirmation. An advance payment amounting to 30 % of the rent shall be payable within 15 days (into the account mentioned on the payment slip) by using the enclosed payment slip upon which the contract between Tenant and Landlord shall enter into legal force. Within the aforementioned period of 15 days the desired holiday home shall be reserved exclusively for the Tenant. After expiry of this period the holiday home shall be at the Landlord's free disposal unless the advance payment made by the Tenant is received. Payment of the remaining amount of 70 % of the rent is due 30 days before the beginning of the first booked day of rent, the latest, and must be paid into the account mentioned. For bookings carried out within the last 30 days before the beginning of the rent period the entire rent is immediately payable, and the Contract shall be deemed as legally in force upon receipt of payment into the mentioned account. Should the aforementioned terms of payment not be fulfilled, the Landlord shall not be bound to any performances and is entitled to deny them. The confirmation of payment of the remaining amount shall at the same time apply as a Rent Voucher of which a copy is to be handed over to the key holder upon handing over the holiday home. Any special services that are requested, apart from those offered over the Internet, require to be put in writing to enter into legal force and are charged separately. For any reservations that fail to lead to any booking, a registration commission amounting to 20.00 euros shall be charged. The prices listed for each of the accommodation units apply in the way they are described or in the modified way they are provided to the customer, which is not to the disadvantage of the customer. They apply precisely for the specified periods and for the minimum length of rent of one week, lasting from Saturday (day of arrival) to Saturday (day of departure). In view of the term of rent no limits shall apply, however, a permanent rent relationship is excluded. Shortened stays (less than one week) are not provided for as a rule, however they can be negotiated depending on the booking situation. The prices include use of pool and power costs with the exception of heating costs, which are charged separately according to the relevant standards. These are announced to the Tenant in the booking confirmation. The specified final cleaning costs are to be paid on the spot to the key holder before departure and shall be deducted from the mentioned deposit placed with the key holder at the beginning of the stay. Pets shall be fundamentally allowed, however they must be mentioned upon reservation and/or booking as the Landlord reserves the right to apply limits in this respect. Any descriptions of facilities or services that are outside of the holiday estate and mentioned on the website are without guarantee. The Landlord shall assume no liability for any shortcomings of any public or private utilities that are beyond the Landlord's sphere of influence. Arrival shall be between 4.00 p.m. and 7.00 p.m., and departure by 10.00 a.m. the latest. Any other time schedules require the express approval of the Landlord, as they have to be co-ordinated with the key holder on site. A delayed arrival or an early departure that are beyond the Landlord's sphere of influence shall not result in any form of claim for recovery to the benefit of the Tenant, and the costs for final cleaning or any special services have to be fully paid. The Tenant has a right of rescission even after the Contract has entered into legal force. The right of rescission is connected with the following cancellation charges, based on the rent for the booked periods: 10 % up to 6 weeks before beginning of tenancy Please note: With the mentioned periods the day of the agreed beginning of tenancy is NOT included in the calculation. Relevant is the DAY OF RECEIPT of the notification sent by the Tenant at one of the contacts as mentioned above. In the event of a rescission the Tenant shall have the possibility of naming a substitute tenant who shall enter into the rights and obligations of the Tenant. For this the express approval of the Landlord shall be required. In such a case Tenant and substitute tenant shall have joint and several responsibility in relation to the Landlord. Should any unforeseen occurrences, caused by force majeure, make a stay at the holiday home impossible or only possible to a very limited extent, both Parties to the Contract shall be entitled to cancel the Contract. Upon handing over the key, the Tenant shall hand over the required deposit to the key holder, and shall use the object including the furnishing hereinafter with due care. Provided the holiday home is returned in proper condition, the deposit shall be paid back to the Tenant. The required final cleaning fee does not include the cleaning of the kitchen equipment or the cutlery or crockery, which shall therefore be done by the Tenant. The Tenant shall be fully liable for any damages, of which the key holder must be instantly notified, as well as for the cleaning of the kitchen equipment, the cutlery and crockery. The Landlord or the key holder shall be entitled to charge separately or to deduct from the deposit any damages or any additionally resulting cleaning expenses. The Tenant shall instantly notify the key holder of any defects and of any possible sudden technical faults. In this respect, the Tenant shall have the duty to make every reasonable effort to avoid damage or to keep it within appropriate limits. Austrian law shall apply. Place of jurisdiction is the head office (Austria) of the owner of the holiday estate, Immopro-Residence Projektentwicklungs- und Beteiligungsgesellschaft m.b.H. |