AGB (General Terms and Conditions)
Contents
3.1 Services
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The author disclaims any liability for discrepancies between the furnishings shown in photos and those currently in the apartments. The content of these pages is protected by copyright. Any use beyond personal use (publication, reproduction, transfer to third parties, reprinting in media) is subject to explicit consent.
“Guest/Tenant”: A natural person who avails themselves of accommodation. The guest is usually also the contracting party. Guests also include those persons arriving with the contracting party (e.g., family members, friends, etc.).
“Host”: A legal entity providing the accommodation. The host is also the contracting party.
Payment Methods:
Payment is due immediately upon completion of the booking. Cancellation fees are subject to point 7.
3.1 Services
Easy Flat GmbH provides properly cleaned accommodation including bed linen, hand towels, and bath towels. No other services are offered. Arrival and departure are to be organized independently by the traveller and are not part of the services of Easy Flat.
If service is requested in the guest’s room or at extraordinary times (after 8:00 p.m. and before 6:00 a.m.), the host is entitled to charge a special fee. This special fee is €20 per commenced 15 minutes. The host may refuse such services for operational reasons.
The host is entitled to request interim settlements at any time.
Any items forgotten by the customer in the accommodation will be sent to them only upon request and at the customer’s cost and risk. The hotel stores forgotten items for 7 days; thereafter, items of apparent value will be handed over to the relevant authorities as lost property. Items deemed of no value may be destroyed after the specified storage period.
Unless otherwise stated by Easy Flat, the contracting party is entitled to occupy the rented premises from 3:00 p.m. on the booked arrival day.
The rented premises must be vacated by the contracting party by 11:00 a.m. on the day of departure. If a guest vacates the premises without the landlord’s consent between 11:00 a.m. and 12:00 p.m., €15 will be charged. An additional €15 will be charged for departure between 12:00 p.m. and 1:00 p.m. Easy Flat reserves the right to charge an additional day if the premises are not vacated by 1:00 p.m.
The contracting party may withdraw from the travel contract at any time in writing before the start of the trip. The withdrawal becomes effective upon receipt by Easy Flat. If the contracting party withdraws, cancellation fees will apply: 100% if canceled within 1 week before arrival; 70% if canceled 2 weeks before arrival; 50% if canceled 3 weeks before arrival. Change requests and data changes can be made with a handling fee of €50.
Up to the start of the trip, the contracting party may request that a third party assume their rights and obligations from the travel contract. Easy Flat may object to the third party for an important reason. If a third party enters into the contract, both the third party and the contracting party shall be jointly liable to Easy Flat for the travel price and any additional costs incurred.
Easy Flat may withdraw from the travel contract before the start of the trip or terminate the travel contract without notice after the start of the trip, especially in the following cases:
If Easy Flat terminates the contract for the above reasons, it retains the right to the full travel price. However, Easy Flat must offset any saved expenses and any benefits gained from other use of the unclaimed services, including credits from service providers. In any case, Easy Flat is obligated to inform the contracting party immediately about the non-performance of the trip and to send the withdrawal declaration without delay.
Easy Flat reserves the right to a general termination of the contract under the same conditions as the contracting party.
If the termination by the contracting party results in additional expenses for Easy Flat GmbH, these must be reimbursed by the contracting party.
The statutory warranty rights apply.
Easy Flat’s contractual liability for damages is limited to the sum of three times the travel price.
9.1
The host is liable in accordance with §§ 970 ff ABGB (Austrian Civil Code) for items brought in by the contracting party. Liability is only assumed if the items were handed over to the host or authorized persons or brought to a designated location. If the host cannot prove otherwise, they are liable for their own fault or that of their people and incoming/outgoing persons. Liability is limited by § 970 para 1 ABGB to the amount specified by the Federal Act of November 16, 1921 on the liability of innkeepers and other entrepreneurs in its current version. If the contracting party or guest fails to immediately comply with the host’s request to deposit items in a designated place, the host is released from any liability. The maximum liability is limited to the host’s liability insurance coverage. Fault of the contracting party or guest is taken into account.
9.2
Liability for slight negligence is excluded. If the contracting party is an entrepreneur, liability is also excluded for gross negligence. In this case, the contracting party bears the burden of proof. Consequential or indirect damages and lost profits are not compensated.
9.3
For valuables, money, and securities, the host is liable only up to €550. Liability for damages beyond this applies only if these items were accepted for safekeeping with knowledge of their nature or if the damage was caused by the host or their staff. The limitations in 12.1 and 12.2 apply accordingly.
9.4
The host may refuse to store valuables, money, and securities if they are significantly more valuable than what guests of the respective establishment usually entrust for safekeeping.
9.5
In any case of accepted safekeeping, liability is excluded if the contracting party and/or guest does not immediately notify the host of any damage. Furthermore, such claims must be asserted in court within three years from the date of knowledge or possible knowledge of the damage; otherwise, the right is extinguished.
The traveler is obliged to cooperate in the event of service disruptions, to avoid or minimize any damage, and to report it immediately. If the traveler fails to report the damage, they must compensate for any resulting increase in damage. In particular, the traveler is obliged to report any complaints immediately to Easy Flat.
Claims for non-conforming travel services must be asserted by the contracting party to Easy Flat within one month after the contractual end of the trip. After this period, claims can only be made if the contracting party was prevented from meeting the deadline through no fault of their own. Claims of the contracting party expire no later than six months. The limitation period begins on the day the trip should have ended according to the contract. General claims for damages expire within 3 years.
The traveler is responsible for compliance with all regulations necessary for the trip. Any disadvantages resulting from non-compliance with these regulations are at their own expense. Travelers without Austrian citizenship are required to obtain information from the responsible consulate. If entry regulations of certain countries are not observed or a visa is not issued in time due to the traveler’s fault, Easy Flat may charge the traveler corresponding cancellation fees. Easy Flat strongly recommends taking out travel cancellation, travel accident, and international health insurance.
Animals may only be brought into the rented premises with prior written consent from Easy Flat and possibly for an additional fee. The contracting party bringing an animal is responsible for the proper supervision of the animal during their stay.
To secure possible claims arising from the stay, the tenant is obliged to provide a valid credit card at check-in.
The provided credit card serves as security for:
In the event of damages or outstanding payments, the host reserves the right to charge the provided credit card with the corresponding amount. The tenant will be informed in advance of any planned charges and will receive a detailed statement.
The data collected, including credit card data, is used exclusively for fulfilling the contract and is processed in accordance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR). The credit card data is deleted after the stay has ended and all outstanding claims have been settled.
The tenant is obliged to pay a flat fee of €550 if a fire department or fire safety officer deployment is caused by their own fault or that of their companions. This applies in particular to deployments caused by improper use of smoke detectors, unauthorized smoking in non-smoking areas, improper handling of open flames, or other negligent actions. The host will inform the tenant in advance of the charge and reserves the right to collect the amount via the provided credit card.
Oral agreements, side agreements, and other assurances of any kind (including the amendment of the requirement for written form itself) are only valid if confirmed in writing by Easy Flat. The invalidity of individual provisions of the travel contract does not affect the validity of the entire travel contract.
This contract is subject to Austrian substantive and procedural law, excluding the rules of international private law (in particular the Austrian Private International Law Act (IPRG) and the Rome Convention (EVÜ)) and UN sales law.
For legal actions against or by Easy Flat, the court with subject-matter jurisdiction for 1010 Vienna is agreed as the place of jurisdiction.
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