1. Contractual Partner
The landlord Harald Payrleitner provides the tenant (guest) with the holiday flat Marias Alpen Apartment for holiday use.
2. Conclusion of the contract
The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation deviates from the booking request and the guest does not object to this immediately, the content of the booking confirmation is deemed to be contractually agreed. After the guest has confirmed the booking of an object by telephone or in writing, we will immediately send the booking confirmation and these terms and conditions by email. The contract between the guest and the landlord is concluded by receipt of the deposit shown in the booking confirmation. With the down payment the guest also accepts these terms and conditions.
The landlord undertakes to hand over the holiday flat Marias Alpen Apartment in a clean, orderly condition and with the equipment as described on the internet.
The following services are included in the rental price: VAT, costs for electricity, water and gas, free WLAN use, parking space, one set of bed linen and 2 towels (one normal towel and one shower towel) one sauna towel per person, bathrobes on advance request.
The landlord is not liable for WLAN failures.
The following services can be booked for a fee:
Travel cot for babies one-time 20,00 EUR (please bring bed linen)
Intermediate cleaning (change of bed linen and towels, cleaning of bathrooms, vacuuming of the flat) 80,00 EUR.
After receiving the booking confirmation, a deposit of 30% of the holiday price is due within one week. The balance including the deposit must be received 4 weeks before arrival. For reservations where the arrival date is less than 4 weeks from the booking date, the total price is due within 3 days of receipt of the booking confirmation. The deposit will be returned by us within 8 days after departure if the flat is in proper condition. If the aforementioned payment deadlines are not met, the landlord may withdraw from the contract.
Payment is to be made to the bank account IBAN AT81 2050 5009 0100 1412, Sparkasse der Stadt Kitzbühel Zws. Brixen im Thale (BIC: SPKIAT2KXXX), account holder Harald Payrleitner.
5. Withdrawal from the contract by the customer, cancellation
Cancellations must be made in writing. In the event of cancellation, the following cancellation fees apply:
Up to 60 days before departure free of charge, thereafter 100% of the tour price. The date of receipt of the cancellation notice is decisive. A substitute person who enters into the contract under the aforementioned conditions can be provided. Written notification is sufficient. If services are not used, e.g. due to late arrival or earlier departure, there is no entitlement to a refund.
We strongly recommend that you take out travel cancellation insurance.
6. Cancellation of the contract by the landlord
In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (e.g. accident or illness of the landlord) as well as other unforeseeable circumstances which make fulfilment impossible, liability is limited to reimbursement of costs. In the event of justified withdrawal, no claim for compensation shall arise. No liability is accepted for travel and hotel costs.
7. Dissolution of the contract by the landlord after the start of the rental period
The landlord has the right to terminate the contract without notice and without reimbursement of the rent if the tenant behaves contrary to the contract despite a warning. This includes extreme noise pollution, bringing pets, occupying the holiday flat with more persons than stated in the booking confirmation as well as grossly negligent damage to the property or inventory.
The flat can be occupied from 3 pm on the day of arrival (for arrivals on Saturdays or Sundays) or from 6 pm (for arrivals on other days) and must be vacated by 10 am on the day of departure. Other arrival and departure times are possible after consultation with the landlord and subject to availability.
On departure, the flat must be left broom-clean (dishes washed and stored in the cupboards, swept or vacuumed, rubbish disposed of). Parts of the deposit may be retained for additional cleaning costs.
9. During the stay
The landlord must be informed immediately of any defects already existing on arrival, otherwise the tenant is liable for these damages. The tenant undertakes to do everything reasonable to contribute to the elimination in the event of service disruptions. A reasonable period of time shall be granted for the removal of damage/defects. Compensation payments will only be considered if it is not possible to remedy damage/defects within a reasonable period of time and if they have a lasting adverse effect on the holiday stay. Complaints which are only reported after departure will generally not result in compensation payments.
The tenant undertakes to treat the property with care, to observe the house rules and is liable for all damage incurred, even if this exceeds the deposit paid. Damages must be reported to the landlord immediately. Please check in advance whether rented property is included in your liability insurance and adjust the contract if necessary.
Smoking is not permitted in the flat. In case of non-compliance, a cleaning fee of 200 EUR will be charged for more intensive cleaning. The smoking ban also applies on the balcony.
Country-typical impairments are no reason for complaints. In rural areas, for example, the barking of dogs and the crowing of roosters must be expected.
SAT TV systems may not work in windy or rainy weather.
Your property in the holiday home is not insured. Please check with your household insurance whether your luggage etc. is insured abroad or take out luggage insurance if necessary.
Should the landlord or a person authorised by him require access to the premises during your stay, we will contact you as far as possible in advance (please provide a mobile phone number).
We accept no responsibility for accidents of any kind during your stay in the holiday flat. Children are not allowed to be unsupervised in the staircase or on the balcony.
When leaving the flat during the stay, all doors and windows must be closed.
10. Place of jurisdiction is Kitzbühel
11. Data protection
We collect, process and use personal data only insofar as they are necessary for the establishment, content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data about the use of our Internet pages (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user.
12. Final provisions
Photographs and texts on the website or in the flyer serve the purpose of realistic description. A 100% match with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the equipment (e.g. furniture).
Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic and legal intent of the contracting parties.