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General Terms and Conditions

June 12, 2019 by adminmoe

1. EXTENT OF RIGHT OF USE

1.1 The premises will be used exclusively for secondary residential purposes and does not serve the lessee as his urgent housing needs, but as a second home due to a temporary change of location caused by gainful a primary residence within the meaning of § 66 JN. The tenant confirms that the apartment is not used to satisfy employment or for the purpose of recreation or leisure.

1.2 Only the interior of the premises shall be rented and not the outer surfaces, corridors, walls or other general parts of the property or the building. No basement room shall be rented out.

1.3 The lessee is prohibited from keeping house pets. Only through a special agreement by the lessor, pets are permitted. The lessee shall pay double the originally planned amount of the deposit.

2. STATE AND AMENITIES OF PREMISES; STRUCTURAL CHANGES

2.1 The equipment of the premises as it is made available by the lessor is in the attached facilities’ description.

2.2 The lessor does not guarantee any condition, any quality or any possible use of the premises.

2.3 The lessee is prohibited from making changes (adaptations) of any kind to the premises.

3. PREMISES MAINTENANCE

3.1 The lessee is obligated to maintain the premises in perfect, mint condition at all times at his own cost without any claim to compensation and maintain it to the extent that it does not relate to the elimination of serious damage to the building or the repair of equipment provided by the lessor. Serious damages to the building are damages to the bearing structure, the roof and the facade of the building, which prevents the rental object from being used for its intended purpose. The lessee must notify the lessor in writing immediately of all damages.

3.2 The lessor or the company commissioned by him is allowed to make repairs and structural changes that are required for proper preservation and maintenance without the consent of the lessee.

3.3 The lessee is obligated to treat the premises along with the included equipment, windows, facilities and amenities as well as the common facilities and equipment with proper care. Furthermore the lessee will use the premises, including facilities and equipment without affecting the other lessees, their families, employees,

visitors, vendors, authorized craftsmen or other people. The lessee is responsible for ensuring that this obligation is met by his family, employees and visitors.

3.4 The lessee must make use of the premises in compliance with all regulatory, in particular fire safety, regulations and must carry out the use of premises only to the extent that it is permitted by the lease according to the law and official regulations.

3.5 The lessee is liable to the lessor regardless of blame for all damages and consequential damages and disadvantages that arise from the violation of his obligations under the lease. The lessee warrants that all statements made by him are true and accurate and the lessee is liable for any damages or disadvantages which occur to the lessor because of false statements, concerning lessee’s primary residence of the purpose of the rental agreement.

3.6 The lessee is responsible for any damage to the leased property, accessories, or equipment. The lessee is obligated to immediately repair the damage if the damage is caused by themselves, their families, suppliers, visitors or animals. If the event causing damage is in the premises, or originates from there, the lessee is required to provide evidence that neither he nor his family, employees, suppliers, visitors have caused the damage.

3.7 The available supply and disposal lines (electricity, gas, water, sewage, etc.) may be used only to such an extent that no overload occurs.

3.8 In case of defects or damages, the lessee is to undertake an immediate shutdown and notify the lessor or his agent immediately. A change in the energy supply, particularly electricity voltage, which is not caused by the lessor does not give the lessee the right to raise a claim against the lessor or the assertion of claims on rent reduction or exemption.

3.9 Should the lessee not comply with his obligations under Points 3.1 to 3.4 or if there is imminent danger, the lessor is entitled to perform the necessary work at the expense of the lessee. In the event of imminent danger or unknown whereabouts of the lessee, a notice is not required. The lessor makes all deliveries of such to the lessee’s last known address of the lessee.

3.10 The lessee cannot seek any legal consequences for disruptions of building services such as, for example, water supply, defects of gas, light, electricity, sewerage, power and water lines, elevators and the like. The lessor, however, shall undertake all necessary action for immediate resolution.

3.11 The lessor is not liable for damage caused by moisture, fire, theft or similar effects to the lessee’s possessions of whatever kind, unless employees of the lessor have caused that damage deliberately or through gross negligence. The lessee is advised to take out renters’ insurance to cover such damage.

3.12 The lessee is obliged to comply with the lessor’s general requirements for the facility/building and to adopt those needs to all House Rules. The House Rules in their current version are subsidiary to the rental agreement. Any costs that may arise due to negligence shall be borne by the lessee.

3.13 The lessee is obliged to make sure that, at the time of their check out, the kitchen is returned in the same condition as it was taken over when checking into the apartment (refrigerator, dishwasher, oven and the ceramic glass cooktop are empty and clean and all dishes and cutlery are washed and placed into the cabinets). Otherwise an additional fee for the cleaning of the kitchen will be charged.

4. COMPENSATION

4.1 The rent includes all operating and ancillary costs as well as VAT. This is to be paid by bank transfer, credit card, or some other approved cashless method. No cash payments are accepted. The rent is normally paid on a monthly basis. However, for service periods of less than 45 days, only one invoice will be issued.

4.2 The first invoice for the rental fee will also include the one-time facility package fee and must be paid in advance. The full amount must be received in the lessor’s account no later than one day before the start of the rental period.

4.3 Subsequently, all invoices for rents and any other services must be received in the lessor’s account by the day before the beginning of a new calendar month.

4.4 In case of default, the parties agree that a default interest of 5% per annum shall be payable.

4.5 All separate terms of payment must be agreed in writing and in advance. Otherwise, the terms of payment listed under 4.2 and 4.3 apply. This applies regardless of whether the rent is paid by the tenant or by a third party (for example, an employer).

4.6 Since the agreed rent also includes the additional costs (operating costs, hot water, energy, internet, etc.), defaulting on payment may mean that individual utilities, e.g. hot water, internet, etc., will be disconnected.

4.7 The rent is adjusted annually in accord with the change (inflation) from the 2015 consumer price index published by Statistik Austria or any such index that replaces it. The base value is the index number published the month in which the tenant takes possession. The rent will be increased annually in accord with the change in the index. For example, if the index upon taking possession in October 2013 was 100 and it has increased to 105 by October 2014, the rent will be increased by 5% starting in November 2014.

4.8 All bank charges and exchange rate fluctuations are the responsibility of the tenant.

4.9 The terms of payment according to this clause apply irrespective of whether the rent is paid by the tenant or by another person (such as an employer).

5. DEPOSIT; SET-OFF OF CLAIMS

5.1 The lessee shall provide a security deposit, at the latest, by check-in date. The deposit serves to secure all claims made by the lessor in regards of the tenancy. Should the lessee not fulfill his obligations set forth in this agreement, the lessor preserves the right to use the provided deposit to cover any costs related to this rental agreement without seeking for additional approval of the lessee.

5.2 If the lessor claims the deposit during the tenancy, for example, due to a damage caused by the lessee, the lessee is obligated to replenish this claimed amount at the request of the lessor within 14 days. If the security deposit is a bank guarantee that expires before the termination of the rental agreement, the lessee is obligated to extend the bank guarantee at the latest three months before its expiration. In case the lessee fails to do so, the lessor is entitled to use the bank guarantee (conversion into cash deposit). Any delays in this regard are subject to additional late fees.

5.3 Offsetting claims by the lessee against claims by the lessor and the assertion of a right to retention by the lessee are not allowed. This does not apply to the case of claims by the lessee that are recognized by the lessor or legally determined.

5.4. The provided security deposit serves as a guarantee for claims, which result from the present rental agreement and will be refunded upon returning the premises in a proper and faultless condition. The security deposit, paid via bank transfer, will be reimbursed to the bank account provided by the lessee after the contract has ended. Any related bank charges/fees are to be borne by the lessee. No cash reimbursements are permitted.

5.5 All bank charges and currency exchange rate fluctuations related to reimbursement of deposit are to be covered by the lessee.

6. SUBLETTING; TRANSFER OF USE

6.1 Subletting, or other transfer of use of the property, whether it involves full, partial or no compensation is not permitted without the expressed consent of the lessor.

7. HANDOVER AND TAKEOVER OF PREMISES

7.1. The handover of the premises takes place on the date of contract commencement. After the handover the lessee is obligated to inspect the premises for completeness of the inventory and any possible deficits. The deficiencies are to be reported in writing to the lessor, within 48 hours after the check-in, using the deficiencies list provided by the lessor. Deficiencies not declared within this time period are considered to be caused by the lessee.

8. EARLY TERMINATION OF AGREEMENT

8.1 The rental agreement expires after the agreed rental period.

8.2 Rental agreements can be terminated under a termination notification of 60 days.

8.3 Each contracting party is entitled to an early termination of the contract irrespective of the contract period if the other party violated the rental agreement negligently or persistently in spite of a written warning and a grace period.

8.4 The lessee agrees clearly that, in case the contract is cancelled by the lessee earlier than the agreed end of contract, the lessor would be entitled to rental rates applicable to the shorter contract duration. Any possibly discount that was given due to the length of the stay will need to be paid back to the lessor in case of an early termination of the contract.

9. TERMINATION OF TENANCY; ENTERING RENTED PREMISES

9.1 Upon termination of the rental agreement, the lessee shall return the premises in the same condition as it was taken over with their own movables cleared, in consideration of the natural wear.

9.2 In case of a premature termination of the rental agreement by the lessee, the lessee is obliged to invite the lessor in writing for the return appointment, while stating that the premises is in the stipulated condition. This should be made a week before termination, at the latest within 24 hours upon receipt of the declaration of premature termination. The return appointment should take place at the latest a week following the receipt of the declaration of premature termination.

9.3. The lessee is advised to take a private cancellation insurance policy that covers the consequences of an incidental premature termination of the contract desired by the lessee.

9.4. Upon termination of the rental agreement, the premises shall be returned to the lessor in basically the same condition as the one taken over, only changed by normal wear and tear (especially cleared of all movables of the lessee) including all the keys, without any compensation claim for any possible investments and modifications made by the lessee.

9.5. The lessor or a representative appointed by him can enter the rented premises during normal business hours, after prior coordination with the lessee.

a) For visiting and assessing the condition of the premises;

b) To show the premises to parties interested in renting it;

c) For preparation and execution of construction-related measures and any maintenance and/or servicing work (e.g. repairs) that should be tolerated by the lessee;

d) For other important reasons.

9.6. In case of default risk, the lessor or a representative appointed by him is entitled to access the premises at any time without notification.

9.7. The lessee has to inform the lessor at the contract initiation whether an extension of the rental agreement beyond the agreed rental period will possibly be desired. In this case and once the availability of the premise is verified by the lessor, an option to extension will be granted. To use this option the lessee agrees to inform the lessor, in writing, at least one month prior to the end of the contract whether he wants to make use of his option to extend.

10. OTHER PROVISIONS

10.1 Any notification related to the lease must be issued in writing and can be submitted in person, by return prepaid post, by email or fax to the designated contact point of the party pursuant to lease. The lessee bears all expenses incurred in the construction of the lease contract including applicable taxes, fees and charges.

10.2 Changes and additions must be made in written form, upon confirmation of the lessor; this also includes a waiver from this formal requirement.

10.3 A fee of € 150,- will be charged for the loss of a key.

10.4 All premises are non-smoking premises. In case of a violation an additional cleaning fee will be charged. The exact amount depends on the size of the premises but is set to a minimum of 600€.

10.5. The lessee acknowledges that the lessor can carry out an examination of the lease object at any time with an advance notice to the lessee. The lessor is entitled to perform this inspection up to once per week, if necessary.

10.6. The lessor is entitled to have the premises inspected by any prospective lessee once the current lessee has been given reasonable notice.

10.7 The parties agree that all disputes relating to this rental agreement, even at its termination, are subject to the exclusive jurisdiction of the local court. As such, the parties agree to adhere exclusively to the laws of the country in which the property lies, with the exclusion of the reference standards of the Private International Law and the UN Sales Convention.

10.8 The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect.

10.9 Please notice that lease contracts for serviced apartments in Austria are not within the provisions of conventional apartment lease regulations (§ 6 Abs 1 Z 1 lit d UStG). Hence, the lessor is not allowed to issue invoices without Value Added Tax (VAT). However the tax exempt diplomats could get the paid VAT refunded by submitting the form U-43 to the Austrian Federal Ministry of Finance.

11. CANCELATION AND RESCISSION OF AGREEMENT

11.1. A cancellation or rescission of the agreement shall be submitted in writing. If the cancellation has been communicated one month before the arrival date, only a processing fee of € 250 will be charged.

11.2. If the cancellation was received by the lessor at the latest one month before the agreed date of arrival, the following cancellation fees shall be charged:

a) Upon receipt of up to 14 days before the agreed date of arrival: 40% of the total rental cost (up to maximum one month rent).

b) Upon receipt of up to 7 days before the agreed date of arrival: 70% of the total rental cost (up to maximum one month rent).

c) Upon receipt of up to less than 7 days before the agreed date of arrival: 90% of the total rental cost (up to maximum one month rent).

d) In case of “no show”, 100% of the total rental cost (up to one one month rent).